Source: United States Court of Appeals for the Ninth Circuit
Date: 1950-12-22
Jurisdiction: United States
Docket: No. 12439
Citation: 186 F.2d 707
Opinion
PER CURIAM. This is an appeal from an order denying a motion to vacate a sentence which appellant contends the District Court had no jurisdiction to impose. The motion was made pursuant to the provisions of § 2255, 28 U.S.C.A. It was stipulated during the argument of the appeal that the appellant is not in custody under the sentence he is attacking. In fact, the said sentence has been served. Appellant is now in custody under a separate, distinct and unrelated sentence. Upon authority of Crow v. United States, 9 Cir., 186 F.2d 704, the judgment is affirmed.