United States of America Ex Rel. Charles R. Fox v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

OPINION OF THE COURT

This is an appeal from the dismissal of appellant’s petition for a writ of habeas corpus in the district court. United States ex rel. Fox v. Price, 257 F.Supp. 493 (W.D.Pa., 1966). Appellant’s contention is that he was sentenced under the wrong indictment and that the subsequent correction of his sentence, out of his presence, violated his constitutional rights of due process and equal protection under the 14th Amendment. We find no merit to the petition.

In affirming the order of the district court, we feel obligated to comment on its use of 28 U.S.C. § 2245. After the…