SIMMONS v. UNITED STATES

No. 29558.

437 F.2d 156 (1971)

Charles SIMMONS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 27, 1971.


Attorney(s) appearing for the Case

Charles Simmons, Atlanta, Ga., Frederick Joiner (Court Appointed), Tampa, Fla., for appellant.

John L. Briggs, U. S. Atty., Oscar Blasingame, Asst. U. S. Atty., Tampa, Fla., for appellee.

Before THORNBERRY, GOLDBERG and AINSWORTH, Circuit Judges.


THORNBERRY, Circuit Judge:

There is a strange twist to this section 2255 appeal; here the petitioner asks this Court to hold that section 2255 was not available to him to challenge a federal sentence he was scheduled to serve as long as he was in the custody of State authorities. The reason why petitioner takes this seemingly anomalous position becomes apparent on a review of the facts.

On October 22, 1965, petitioner entered a plea of guilty in federal...

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