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THORNTON v. UNITED STATES

No. 19664.

368 F.2d 822 (1966)

Charles J. THORNTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 6, 1966.

Attorney(s) appearing for the Case

Mr. Henry J. Karison, Washington, D. C. (appointed by this court), submitted on the brief for appellant.

Mr. Michael R. Sonnenreich, Atty., Dept. of Justice, with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Earl J. Silbert, Asst. U. S. Attys., were on the brief, submitted on the brief for appellee.

Before BASTIAN, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

In this case we are asked to reconsider our doctrine1 that ordinarily a claim of illegal search and seizure may not be raised collaterally under 28 U.S.C. § 2255. Our prior holdings (supra, note 1) are in accord with the opinions of most of the other circuits, which have ruled that collateral review is not available, either on the law or by way of evidentiary hearing.2 However...

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