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MOHLER v. UNITED STATES

No. 8679.

363 F.2d 383 (1966)

Charles L. MOHLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

July 18, 1966.

Attorney(s) appearing for the Case

James H. DeCoursey, Jr., Kansas City, Kan., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., on brief), for appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and LANGLEY, District Judge.

LANGLEY, District Judge.

The appellant, an inmate of the United States Penitentiary at Leavenworth, Kansas, filed a petition for writ of habeas corpus in the United States District Court for the District of Kansas which was dismissed without a hearing for the reason that "* * * it is not made to appear that the remedy by motion under 28 U.S.C.A. 2255 is inadequate or ineffective to test the legality of the petitioner's present detention". After denying a motion for...

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