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Federico Garcia REVAZQUEZ, Appellant, v. David M. HERITAGE, Warden, U. S. Penitentiary, Atlanta, Georgia, Appellee

United States Court of Appeals for the Fifth Circuit1963-06-19No. No. 20329
319 F.2d 818

Authorities cited

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Opinion

majority opinion

PER CURIAM.

Appellant, being under sentence of the United States District Court for the District of Puerto Rico, a court established by an Act of Congress, Balzac v. People of Puerto Rico, 1922, 258 U.S. 298, 42 S.Ct. 343, 66 L.Ed. 627, sought and was denied habeas corpus by the United States District Court for the Northern District of Georgia where he is imprisoned. His remedy is under 28 U.S.C.A. § 2255 and not by way of habeas corpus in the District Court of his incarceration. All other and further questions,presented by the appeal are for the § 2255 court. Rivera v. Heritage, Warden, 5 Cir., 1963, 314 F.2d 332, and Montes v. Heritage, 5 Cir., 1963, 314 F.2d 332.

Affirmed.