Potter Stewart

“ For a federal prisoner § 2255 can perform the full service of habeas corpus, by effecting the immediate and unconditional discharge of the prisoner. Sanders v. United States, 372 U.S. 1, 83 S.Ct. 1068 (1963) . But the provisions of the statute make clear that in appropriate cases a § 2255 proceeding can also be utilized to provide a more flexible remedy. In the present cases neither of the petitioners ever asked for his unconditional release. ”

“ Until the petitioners are resentenced, it is impossible to know whether the Government will be able to show any colorable claim of prejudicial error. The District Court may, as before, sentence the petitioners to the same 25 years' imprisonment; it may place one or both of them on probation; it may make some other disposition with respect to their sentences. But until the court acts, none of the parties to this controversy will have had a final adjudication of his claims by the trial court in these § 2255 proceedings. ”

“ The Government makes no claim of a right to appeal under the Criminal Appeals Act. No question as to the availability of a writ of mandamus is presented by this case. See United States v. Smith, 331 U.S. 469, 67 S.Ct. ”