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SANCHEZ v. TAYLOR

No. 6936.

302 F.2d 725 (1962)

Ruben Dario SANCHEZ, Appellant, v. J. C. TAYLOR, Warden, U. S. Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 3, 1962.

Attorney(s) appearing for the Case

Barry D. Mock, Oklahoma City, Okl., for appellant.

R. Stanley Ditus, Asst. U. S. Atty. (Newell A. George, U. S. Atty., and Benjamin E. Franklin, Asst. U. S. Atty., on the brief), for appellee.

Before PICKETT, LEWIS, and BREITENSTEIN, Circuit Judges.

PER CURIAM.

Sanchez, a federal prisoner confined at Leavenworth, Kansas, under multiple, unexpired sentences imposed in the District of Puerto Rico for various narcotic offenses, petitioned in the District of Kansas for habeas corpus and the writ was denied on the ground that the remedy under 28 U.S.C. § 2255 was exclusive. We agree. The § 2255 remedy is exclusive unless it is inadequate or ineffective. The only showing is that a motion under § 2255...

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