From Casetext: Smarter Legal Research

Fitzgerald v. United States

United States Court of Appeals, Fifth Circuit
Oct 27, 1965
352 F.2d 89 (5th Cir. 1965)

Opinion

No. 21880.

October 27, 1965.

Aaron Kravitch, John J. Sullivan, Savannah, Ga., for appellants.

Donald H. Fraser, U.S. Atty., Savannah, Ga., for appellee.

Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.


This is an appeal from the district court's denial of appellant's motion to vacate sentence under 28 U.S.C.A. § 2255. The alleged errors upon which the appeal is based are not of the kind that may be raised by collateral attack. The trial court, therefore, was without jurisdiction to entertain the petition under the federal statute.

The judgment is affirmed.


Summaries of

Fitzgerald v. United States

United States Court of Appeals, Fifth Circuit
Oct 27, 1965
352 F.2d 89 (5th Cir. 1965)
Case details for

Fitzgerald v. United States

Case Details

Full title:Edward A. FITZGERALD, Jr., and J.L. Witt, Appellants, v. UNITED STATES of…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 27, 1965

Citations

352 F.2d 89 (5th Cir. 1965)

Citing Cases

Delegal v. United States

Having concluded that the errors asserted in Appellant's motion are not the kind that may be raised by…