Edwards

MEMORANDUM OPINION AND ORDER DENYING WRIT OF HABEAS CORPUS

The Petitioners are incarcerated in the Federal Correctional Institution, at Terminal Island, California, following six-year sentences imposed on February 6, 1970, in the Western District of Texas for violations of 21 U.S.C. § 176a (conspiracy to import marijuana). They filed appeals with the U. S. Court of Appeals for the Fifth Circuit, which affirmed the convictions on April 8, 1971, and then petitioned for rehearings which were denied on May 10, 1971. Petitions for certiorari were filed with the Supreme Court of the United States, and these also were denied. Thus far, Petitioners have not filed any Section 2255 motions to vacate their sentences with the sentencing court or any other court.

Now they have each filed a Petition for Writ of Habeas Corpus, contending that:

(1) The remedy by 2255 motion is “inadequate or ineffective” to test the legality of the detentions.

(2) The respective representations of Petitioner by the same counsel in Texas and the Fifth Circuit were inadequate and ineffective because of conflicts of interest.

*1296 (3) Habeas Corpus should be granted here because of Petitioners’ lack of…