U.S. Court of Appeals for the Ninth Circuit, 1971

John Ridenour v. United States

John Ridenour v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided July 29, 1971 · Merrill, Koelsgh, Choy
446 F.2d 57; 1971 U.S. App. LEXIS 8711 (Federal Reporter, Second Series)

John Ridenour v. United States

Opinion

PER CURIAM:

The order denying relief under 28 U.S.C. § 2255 is affirmed. Petitioner’s attack on the legality of his sentence under the Youth Corrections Act was decided adversely to him in Ridenour v. United States, 438 F.2d 1239 (9th Cir. 1971). His remaining contentions concerning the manner of the execution of his sentence are not cognizable under § 2255, which is available only to test the sentence imposed, not a sentence as it is being executed. Mordecai v. United States, 137 U.S.App.D.C. 198, 421 F.2d 1133, 1139-1140 (1969); Freeman v. United States, 103 U.S.App.D.C. 15, 254 F.2d 352, 353-354 (1969).

It is so ordered.

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