Opinion · Court of Appeals for the Ninth Circuit

Lopez v. United States

Lopez v. United States, 186 F.2d 707 (9th Cir. 1950)

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1950-12-22
Topic
general

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.

Citator

UpLaw has not yet analyzed Lopez v. United States. The absence of a flag is not a finding that it is good law.

Cited by
20 opinions
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.