Crow

Appellant moved the trial court, pursuant to Section 2255 of Title 28 U.S.C.A., to vacate a sentence of imprisonment for the period of one year imposed after his plea of guilty to a charge of violation of the Dyer Act, Section 408 of Title 18 U. S.C. (1946 Edition). He appeals from an order denying the motion.

Service of the sentence which he attacks in this proceeding has not begun. He is presently serving a five year sentence imposed in another case. That sentence he does not question. The one year sentence is to begin at the expiration of the five year sentence. This posture of the case raises the question as to whether his motion is premature.

The portions of Section 2255 pertinent to the problem read: “A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or…