Lloyd B. Hart v. United States

JOHNSEN, Circuit Judge.

The District Court denied appellant’s motion, made under 28 U.S.C.A. § 2255, to have some language in a sentencing order deleted so as to prevent it from being accorded any effect, or alternatively to have it declared that such language was without any significance. The language challenged had relation to the time when service of the sentence should commence to run.

The judge by whom the sentence was imposed had died, so that the motion was heard by another judge of the same court. In holding that appellant was not entitled to the relief sought, the court took occasion…