Mark Lee Overman, Appellant, v. United States of America, Appellee, 322 F.2d 649 (10th Cir. 1963)

The appeal is from the dismissal of a petition for habeas corpus. Petitioner is confined in Leavenworth penitentiary under a life sentence imposed in the Western District of Tennessee, Sixth Circuit, for a violation of 18 U.S.C. § 1201. Previously, while an inmate of Atlanta penitentiary, petitioner sought habeas corpus relief which was denied on the ground that his remedy was under 28 U.S.C. § 2255. Overman v. Wilkinson, 5 Cir., 256 F.2d 58, certiorari denied 358 U.S. 887, 79 S. Ct. 129, 3 L. Ed. 2d 115. Later the sentencing court denied § 2255 relief and its action was affirmed in a comprehensive opinion setting forth the pertinent factual data. See Overman v. United States, 6 Cir., 281 F.2d 497, certiorari denied 368 U.S. 993, 82 S. Ct. 612, 7 L. Ed. 2d 530.

The trial court denied relief because the § 2255 remedy is exclusive and because petitioner failed to show that the § 2255 remedy was inadequate or ineffective to test the legality of the sentence. Failure to obtain relief under § 2255 does not establish that the remedy so provided is either inadequate or ineffective. Moore v. Taylor, 10 Cir., 289 F.2d 450; Barrett v. United States, 10 Cir., 285 F.2d 758, 759; and Williams v. United States, 10 Cir., 283 F.2d 59, 60.

Affirmed.