CURRAN v. SHUTTLEWORTH

No. 11024.

180 F.2d 780 (1950)

CURRAN v. SHUTTLEWORTH, Warden.

United States Court of Appeals, Sixth Circuit.

March 27, 1950.


Attorney(s) appearing for the Case

James C. Andrews, Jr., Cincinnati, Ohio (Clarence W. Curran, Milan, Michigan, James C. Andrews, Jr., Cincinnati, Ohio, on brief), for appellant.

Vincent Fordell, Detroit, Michigan (Edward T. Kane, and Vincent Fordell, Detroit, Michigan, on brief), for appellee.

Before HICKS, Chief Judge and SIMONS and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

Appellant was convicted of violation of § 2554(a), 26 U.S.C. [26 U.S.C.A. § 2554 (a)] and was sentenced by the District Court of the Southern District of New York to serve four years in the penitentiary. He filed a petition for writ of habeas corpus in the District Court of the Eastern District of Michigan, which was refused under the provisions of § 2255, 28 U.S.C. [28 U.S.C.A. § 2255], for the reason that the applicant had...

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