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McGANN v. UNITED STATES

Cr. A. Nos. 23017, 23024.

200 F.Supp. 633 (1961)

Clarence Duke McGANN v. UNITED STATES of America.

United States District Court D. Maryland. Criminal Division.

December 20, 1961.

Attorney(s) appearing for the Case

John Martin Jones, Jr., and James B. Murphy, Baltimore, Md., for defendant, McGann.

Paul C. Wolman, Jr., Baltimore, Md., for defendants, Smith and Foster.

George Cochran Doub and Leon H. A. Pierson, former U. S. Attys., and Herbert F. Murray, former Asst. U. S. Atty., and Joseph D. Tydings, U. S. Atty., and Stephen H. Sachs, Asst. U. S. Atty., Baltimore, Md., for United States.

CHESNUT, District Judge.

McGann, a federal prisoner now serving a twenty year sentence at Alcatraz, has now filed a fifth repetitive petition under 28 U.S.C.A. § 2255, for vacation of the sentence imposed upon him in this court on September 20, 1954.

Section 2255 provides in part: "* * The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner. * * *" On the authority...

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