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United States v. Lawrence W. Peden

UNITED STATES of America v. Lawrence W. PEDEN, Appellant

United States v. Peden, 254 F.2d 514 (3d Cir. 1958)
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Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
May 5, 1958
Docket
No. 12252
Judges
Goodrich, McLAUGHLIN, Per Curiam, Staley
Citations
254 F.2d 5141958 U.S. App. LEXIS 4039

Opinion — Per Curiam

PER CURIAM.

This is an appeal from a judgment of the district court denying a petition in the nature of one for a writ of error coram nobis to vacate judgment and sentence imposed following a jury trial in the district court. The points raised by the appellant are not those which may be considered under 28 U.S.C. § 2255 . It has been said many times that relief under this section is not available to substitute for proceedings to review. See our language in United States v. Gallagher, 3 Cir., 1950, 183 F.2d 342, 344 . The appellant’s case falls squarely within this rule and the district judge was correct in denying the petition.

The judgment of the district court will be affirmed.

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Authorities cited 1

DepthCaseCited by
United States v. Gallagher, 183 F.2d 342 (3d Cir. 1950) 91

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