[Download] "United States America v. Darrell James" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: United States America v. Darrell James
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 27, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
BARNES, Circuit Judge: Appellant in propria persona takes this appeal from a district court decision denying relief in a collateral proceeding,
designated as a "Motion to Vacate Sentence or for a Writ of Coram Nobis." Appellant has mislabeled his petition. He is not
entitled to relief under Federal Rule of Criminal Procedure 35 because his sentence is not itself illegal. Hill v. United
States, 368 U.S. 424, 430, 82 S. Ct. 468, 7 L. Ed. 2d 417 (1962). Coram Nobis is not available, since he is still in custody.
Cf. Fed.R.Civ.P. 60(b). Hence, we treat the petition filed below as a motion under 28 U.S.C. § 2255. It was denied in the
district court, and we affirm.
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