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Virgil v. Lampe v. Donald C. Clemmer
251 F.2d 465
4th Cir.
1958
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251 F.2d 465

Virgil V. LAMPE, Appellant,
v.
Donald C. CLEMMER et al., Appellees.

No. 7544.

United States Court of Appeals Fourth Circuit.

Argued Jan. 6, 1958.
Decided Jan. 11, 1958.

William E. Graham, Jr., Charlotte, N.C., for appellant; Virgil V. Lampe, pro se, on brief.

Henry St. J. Fitzgerald, Asst. U.S. Atty., Alexandria, Va. (L. S. Parsons, Jr., U.S. Atty., Norfolk, Va., on brief), for appellees.

Before PARKER, Chief Judge, HAYNSWORTH, Circuit Judge, and STANLEY, District Judge.

PER CURIAM.

1

This is an appeal from the denial of an application for a writ of habeas corpus by a prisoner in the Lorton Reformatory, who had been convicted of second degree murder in the District of Columbia, and whose conviction and sentence had been affirmed on appeal. See Lampe v. United States, 97 U.S.App.D.C. 160, 229 F.2d 43. The District Judge Properly held that he was without jurisdiction to entertain the petition as there was no showing that the remedy provided by 28 U.S.C. 2255 would be inadequate or ineffective to test the legality of petitioner's detention. Bozell v. Welch, 4 Cir., 203 F.2d 711; Meyers v. Welch, 4 Cir., 179 F.2d 707, 708.

2

Affirmed.

Case Details

Case Name: Virgil v. Lampe v. Donald C. Clemmer
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jan 11, 1958
Citation: 251 F.2d 465
Docket Number: 7544
Court Abbreviation: 4th Cir.
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