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Yodock v. United States

United States Court of Appeals, Third Circuit
May 23, 1952
196 F.2d 1018 (3d Cir. 1952)

Opinion

No. 10693.

Submitted May 5, 1952.

Decided May 23, 1952.

Appeal from the United States District Court for the Middle District of Pennsylvania; Albert L. Watson, Judge.

John Yodock, pro se.

Arthur A. Maguire, U.S. Atty., Scranton, Pa., for respondent.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.


This is an appeal from the denial of the district court of a motion under Section 2255 of Title 28, U.S.C. to vacate judgment and sentence in a criminal case. The appellant urges that the court was without power to try and sentence him because he was brought to the trial in the Middle District of Pennsylvania in response to a writ of habeas corpus directed to the warden of the Eastern State Penitentiary in the Eastern District of Pennsylvania. It may be conceded that the writ was improperly issued to a custodian outside the Middle District of Pennsylvania. The fact remains, however, that the defendant was actually produced in the Middle District for his trial. It is not shown that he was denied due process in the trial. The manner in which his presence was secured did not affect the power of the court to try him. Pettibone v. Nichols, 1906, 203 U.S. 192, 27 S.Ct. 111, 51 L.Ed. 148; Chandler v. United States, 1 Cir., 1948, 171 F.2d 921, 934, certiorari denied 336 U.S. 918, 69 S.Ct. 640, 93 L.Ed. 1081; Gillars v. United States, 1950, 87 U.S.App.D.C. 16, 182 F.2d 962, 972.

The order of the district court will be affirmed. 101 F. Supp. 480.


Summaries of

Yodock v. United States

United States Court of Appeals, Third Circuit
May 23, 1952
196 F.2d 1018 (3d Cir. 1952)
Case details for

Yodock v. United States

Case Details

Full title:John YODOCK, Appellant, v. UNITED STATES of America

Court:United States Court of Appeals, Third Circuit

Date published: May 23, 1952

Citations

196 F.2d 1018 (3d Cir. 1952)

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