John Ridenour, Plaintiff-appellant, v. United States of America, Defendant-appellee, 446 F.2d 57 (9th Cir. 1971)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 446 F.2d 57 (9th Cir. 1971) July 29, 1971

John Ridenour, in pro. per.

Richard K. Burke, U. S. Atty., Tucson, Ariz., for defendant-appellee.

Before MERRILL, KOELSCH and CHOY, Circuit Judges.

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.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.