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Gerard Cachoian v. Oilin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia
390 F.2d 654
| 5th Cir. | 1968
|
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390 F.2d 654

Gerard CACHOIAN, Appellant,
v.
Oilin G. BLACKWELL, Warden, United States Penitentiary,
Atlanta, Georgia, Appellee.

No. 25124.

United States Court of Appeals Fifth Circuit.

March 15, 1968.

Gerard Cachoian, pro se.

Theodore E. Smith, Asst. U.S. Atty., Atlanta, Ga., for appellee.

Before WISDOM, BELL and DYER, Circuit Judges.

PER CURIAM:

1

Appellant, a federal prisoner presently confined in the federal penitentiary at Atlanta, georgia, has attempted to use the vehicle of habeas corpus to attack a federal conviction imposed by the United States District Court for the Southern District of New York for the offense of possession of heroin in violation of 21 U.S.C.A. 173 and 174. His conviction was affirmed on appeal. United States v. Cachoian, 2 Cir., 1966, 364 F.2d 291.

2

His proper remedy is a motion to vacate judgment pursuant to 28 U.S.C.A. 2255 filed in the sentencing court. Waugaman v. United States, 5 Cir., 1964, 331 F.2d 189; Birchfield v. United States, 5 Cir., 1961, 296 F.2d 120.

3

The judgment of the District Court which denied the petition for writ of habeas corpus is due to be and it is affirmed on this ground.

4

Affirmed.

Case Details

Case Name: Gerard Cachoian v. Oilin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Mar 15, 1968
Citation: 390 F.2d 654
Docket Number: 25124_1
Court Abbreviation: 5th Cir.
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