GRIFFIN v. UNITED STATES

No. 10815.

175 F.2d 192 (1949)

GRIFFIN v. UNITED STATES.

United States Court of Appeals Sixth Circuit.

June 17, 1949.


Attorney(s) appearing for the Case

Harry A. Abrams, Cincinnati, Ohio (Harry A. Abrams, Cincinnati, Ohio, on the brief), for appellant.

Robert E. Marshall, Cincinnati, Ohio (Ray J. O'Donnell and Robert E. Marshall, Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS and MILLER, Circuit Judges.


PER CURIAM.

The United States, by petition for rehearing, seeks the withdrawal of our opinion filed April 18, 1949, granting the motion to expunge a sentence imposed upon the appellant under an indictment which did not state an offense under the statute, principally on the ground that Rule 35 of the Rules of Criminal Procedure, 18 U.S. C.A., is limited in its remedial provisions to the correction or reduction of sentence, while Rule 34 applies to the arrest of judgment...

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