HART v. UNITED STATES

No. 15849.

259 F.2d 646 (1958)

Lloyd B. HART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

September 22, 1958.


Attorney(s) appearing for the Case

Edwin S. Taylor, St. Louis, Mo. (appointed by the Court) for appellant.

George E. MacKinnon, U.S. Atty., St. Paul, Minn., for appellee.

Before GARDNER, Chief Judge, JOHNSEN and VAN OOSTERHOUT, Circuit Judges.


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...

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