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Von Ludwitz v. Ralston

United States Court of Appeals, Eighth Circuit
Sep 9, 1983
716 F.2d 528 (8th Cir. 1983)

Opinion

No. 83-1383.

Submitted September 6, 1983.

Decided September 9, 1983.

Robert G. Ulrich, U.S. Atty., Frederick O. Griffin, Jr., Asst. U.S. Atty., Kansas City, Mo., for respondents-appellees.

William E. Hutchings Von Ludwitz, petitioner-appellant, pro se.

Appeal from the United States District Court for the Western District of Missouri.

Before HEANEY, BRIGHT and McMILLIAN, Circuit Judges.


William E. Hutchings Von Ludwitz was convicted in the District Court for the District of Oregon of kidnapping and is currently serving a life sentence at the United States Penitentiary at Leavenworth, Kansas. He filed a petition for habeas corpus in the District Court for the Western District of Missouri challenging his conviction on a number of grounds. The district court dismissed for failure to file a motion to set aside sentence with the sentencing court as required by 28 U.S.C. § 2255 (1976). We affirm.

The Honorable Elmo B. Hunter, United States Senior District Judge for the Western District of Missouri.

Section 2255 provides that a petition for habeas corpus may not be filed by an inmate convicted of a federal crime unless the inmate can show that the remedies available under § 2255 are unavailable or ineffective. See United States v. Hayman, 342 U.S. 205, 223, 72 S.Ct. 263, 274, 96 L.Ed. 232 (1952); McGhee v. Hanberry, 604 F.2d 9, 10 (5th Cir. 1979). The burden is on the petitioner to show that § 2255 relief would be ineffective. Cagle v. Ciccone, 368 F.2d 183, 184 (8th Cir. 1966).

We agree with the district court that Von Ludwitz has failed to make this showing and affirm on the basis of the district court's opinion. See 8th Cir.R. 14.


Summaries of

Von Ludwitz v. Ralston

United States Court of Appeals, Eighth Circuit
Sep 9, 1983
716 F.2d 528 (8th Cir. 1983)
Case details for

Von Ludwitz v. Ralston

Case Details

Full title:WILLIAM E. HUTCHINGS VON LUDWITZ, APPELLANT, v. GEORGE A. RALSTON, NORTH…

Court:United States Court of Appeals, Eighth Circuit

Date published: Sep 9, 1983

Citations

716 F.2d 528 (8th Cir. 1983)

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