MILLER

v.

UNITED STATES

Citator

Cited By

• United States ex rel. Carl Melton v. Hendrick, 330 F.2d 263 (3d Cir. 1964)
  …an exhaustive review of the evidence and law applicable to Melton’s contentions, affirmed the judgment and sen- [*265] fence. Commonwealth v. Melton, 406 Pa. 343, 178 A. 2d 728 (1962). Certiorari was denied by the Supreme Court of the United States, 371 U.S. 851, 83 S.Ct. 93, 9 L.Ed.2d 87 (1962). In his petition to the District Court for habeas corpus relief Melton contended only that rights guaranteed by the Constitution of the United States had been violated in that he had been subjected to double jeopar…
• Application of Carmine Galante, 437 F.2d 1164 (3d Cir. 1971)
  …iction. United States ex rel. Leguillou v. Davis, 212 F. 2d 681, 683, 684 (1954) and its progeny: Mucherino v. Blackwell, 340 F. 2d 94, 95 (1965); Frazier v. Blackwell, 325 F. 2d 154, 155 (1963); Sims v. Willingham, 300 F. 2d 162 (1962), cert. den., 371 U.S. 851, 83 S.Ct. 91, 9 L.Ed.2d 87 (1952). The cited cases explicitly hold that Section 2255 has made the sentencing court the exclusive forum for challenge to the validity of a conviction and sentence in first instance. Section 2255 requires a federal pr…