United States v. Walker

SUGARMAN, District Judge.

John Donald Walker moves for an order “declaring that a document executed *504by petitioner on the 16th day of May, 1951, purporting to be ‘an election not to commence service of sentence’ under Rule 38(a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., be declared null and void and of no effect; or correcting his sentence, or different relief, as the Court may deem just and proper”, under 28 U.S.C.A. § 2255.

A similar motion was brought on in this court in 1952 which was dismissed as premature because

“According to his own theory, based upon the alleged invalidity…