FOX v. UNITED STATES

No. 8308.

354 F.2d 752 (1965)

Frederick Marion FOX, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

December 14, 1965.


Attorney(s) appearing for the Case

Frederick Marion Fox, pro se.

William T. Thurman, U. S. Atty., and Lorin J. Broadbent, Asst. U. S. Atty., for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.


BREITENSTEIN, Circuit Judge.

In this proceeding under 28 U.S.C. § 2255 petitioner asserts that he is entitled to release because the term which he is serving was imposed by a sentence entered after the revocation of an illegal probation order. He previously raised the same point in an application for habeas corpus relief and we held that the § 2255 remedy was exclusive. See Fox v. Taylor, 10 Cir., 344 F.2d 753. He then invoked...

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