United States of America v. William J. Murray, Appellant, 193 F.2d 647 (3d Cir. 1952)

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US Court of Appeals for the Third Circuit - 193 F.2d 647 (3d Cir. 1952) Argued January 7, 1952
Decided January 25, 1952
Rehearing Denied March 4, 1952

Appeal from the United States District Court for the Western District of Pennsylvania; Rabe Ferguson Marsh, Jr., Judge.

Before BIGGS, Chief Judge, and GOODRICH, Circuit Judge.

W. J. Murray, pro se.

Edward C. Boyle, U. S. Atty., Philip O. Carr, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

PER CURIAM.


An appeal taken from the judgment of conviction in this case was affirmed by this court. See 170 F.2d 271. No meritorious question was then presented. More than two and a half years later Murray filed a motion pursuant to 28 U.S.C. (Supp. IV), Section 2255, to vacate or "correct" the sentence imposed on him in the court below. The ground on which the motion is based is not clear. The court below concluded in an unreported opinion that Murray was not entitled to relief under Section 2255. He then appealed again to this court and also filed here a paper entitled "Motion for Appeal & Habeas Corpus Adsubjiciendum".

The appeal is without merit and we do not possess jurisdiction to issue a writ of habeas corpus. If Murray is entitled to relief, he must obtain it from a court or judge competent to grant it under the circumstances. As to the scope and operation of Section 2255, attention is called to the decision in United States v. Hayman, U.S., 72 S. Ct. 263.

The judgment of the court below will be affirmed and the application for habeas corpus will be dismissed.