Opinion · Court of Appeals for the Fifth Circuit

Burnice Howard Dunn and Martha Lee Brown Dunn v. United States

Burnice Howard Dunn & Martha Lee Brown Dunn v. United States, 288 F.2d 889 (5th Cir. 1961)

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1961-04-21
Topic: general

PER CURIAM. All the matters complained of by petitioner in this 28 U.S.C.A. § 2255 proceeding are of the kind which may be reached only by appeal from the initial conviction. They are not reviewable under § 2255. Schmidt v. United States, 5 Cir., 1961, 286 F.2d 11; Aeby v.

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DUNN v. UNITED STATES,288 F.2d 889(5th Cir. 1961)

Burnice Howard DUNN and Martha Lee Brown Dunn, Appellants, v. UNITED

STATES of America, Appellee.

No. 18738.

United States Court of Appeals, Fifth Circuit.

April 21, 1961.

Appeal from the United States District Court for the Northern District of Georgia; William Boyd Sloan, Judge.

Burnice H. Dunn, in pro. per.

J. Robert Sparks, W.C. O'Kelley, Asst. U.S. Attys., Charles D. Read, Jr., U.S. Atty., Atlanta, Ga., for appellee.

Before JONES and BROWN, Circuit Judges, and CONNALLY, District Judge.

PER CURIAM.

All the matters complained of by petitioner in this28 U.S.C.A. § 2255proceeding are of the kind which may be reached only by appeal from the initial conviction. They are not reviewable under § 2255. Schmidt v. United States, 5 Cir., 1961,286 F.2d 11; Aeby v. United States, 5 Cir., 1959,267 F.2d 540; Moss v. United States, 5 Cir., 1959,263 F.2d 615; Cawley v. United States, 5 Cir., 1958,251 F.2d 461; McCreary v. United States, 5 Cir., 1957,249 F.2d 433; Arthur v. United States, 5 Cir., 1956,230 F.2d 666; Masi v. United States, 5 Cir., 1955,223 F.2d 132; cf. United States v. Williamson, 5 Cir., 1958,255 F.2d 512.

Affirmed.