PER CURIAM. This is an appeal from the dismissal of appellant's petition for a writ of habeas corpus in the district court. United States ex rel. Fox v. Price, 257 F. Supp. 493 (W.D.Pa., 1966). Appellant's contention is that he was sentenced under the wrong indictment and that the subsequent correction of his sentence, out of his presence, violated his constitutional rights of due process and equal protection under the 14th Amendment.
"The controlling consideration is whether or not the defendant was aware and had notice of the sentence which the court intended to impose." United States v. Price, 257 F. Supp. 493, 496 (W.D.Pa. 1966), affirmed, 385 F.2d 839 (3rd Cir. 1967); Young v. United States, 274 F.2d 698 (8th Cir. 1960), affirmed, 366 U.S. 761, 81 S.Ct. 1670, 6 L.Ed.2d 853 (1961); see also, Hughes v. United States, 304 F.2d 91 (5th Cir. 1962), cert. denied, 371 U.S. 894, 83 S.Ct. 195, 9 L.Ed.2d 127 (1962). The record in the present case discloses that the petitioner was present and adequately notified of the sentence redetermination.
Because I believed that the petition was without merit, habeas corpus relief was denied. United States ex rel. Fox v. Price, 257 F.Supp. 493 (W.D.Pa.1966), affirmed 385 F.2d 839, C.A.3, 1967. In Welty, the Court reviewed the sentence imposed by the District Court.
Accordingly, there is no reason for this Court to hold that these allegations constitute valid grounds for granting a writ of habeas corpus. IV. Petitioner is not entitled to a writ of habeas corpus on the ground that the pleadings and filings at the trial of his case were filed and numbered in Cause No. 718 rather than in Cause No. 739, even though the indictment in No. 718 was dismissed and quashed because of the systematic exclusion of negroes from the Grand Jury that returned the indictment in Cause No. 718. As this is a mere clerical error, the defect does not give rise to any constitutional grounds that would establish reasons for this Court to grant relief. Since mere clerical errors can be corrected at any time, see Lott v. United States, 309 F.2d 115 (5th Cir. 1962), Costello v. United States, 252 F.2d 750 (5th Cir. 1950), and United States ex rel. Fox v. Price, 257 F. Supp. 493 (W.D.Pa. 1966), these errors may be corrected now. Therefore, since no harm, prejudice or unfairness resulted to Petitioner because of this mis-numbering and mis-filing, Petitioner's application for a writ of habeas corpus on this ground is denied.