What is the test for a motion to vacate a judgment of the District Court for lack of jurisdiction?
MultiRegion, United States of America
The following excerpt is from Tisnado v. U.S., 547 F.2d 452 (9th Cir. 1976):
3 The majority in Stone v. Powell, 428 U.S. at 494 n.37, 96 S.Ct. at 3037, is quite explicit in indicating that its holding does not affect the jurisdiction of the district court. Therefore, we affirm the denial of 2254 relief rather than vacate the judgment of the district court for lack of jurisdiction.
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