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MARCHESE v. UNITED STATES

No. 17480.

304 F.2d 154 (1962)

Michele MARCHESE, Appellant, v. UNITED STATES of America, and Preston Smith, Warden of U. S. Correctional Institution at Terminal Island, California, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 12, 1962.

Attorney(s) appearing for the Case

Russell E. Parsons and Wendell P. Hubbard, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Division, and William Bryan Osborne, Asst. U. S. Atty., Asst. Chief, Criminal Division, Los Angeles, Cal., for appellees.

Before BARNES and JERTBERG, Circuit Judges, and DAVIS, District Judge.

DAVIS, District Judge.

This is an appeal from an order of the United States District Court, Southern District of California, denying appellant's petition for a writ of habeas corpus. The appeal is made pursuant to 28 U.S.C.A. § 2253.

Appellant was convicted of narcotics violations and sentenced to imprisonment, and is confined within the jurisdiction of the same court. Hence that court is the proper forum for either a motion under 28 U.S.C.A. § 2255...

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