ANDREWS v. UNITED STATES

No. 18637.

286 F.2d 829 (1961)

Harold Belton ANDREWS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 3, 1961.


Attorney(s) appearing for the Case

Harold B. Andrews, pro se, for appellant.

William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before RIVES and WISDOM, Circuit Judges, and CHRISTENBERRY, District Judge.


RIVES, Circuit Judge.

This appeal is from an order declining to entertain a second or successive motion attacking sentence under 28 U.S.C.A. § 2255. The district court relied upon that section's provision that, "the sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner."

It is well settled that that provision does not give the district court an unqualified discretion to refuse...

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