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JOHNSON v. UNITED STATES

No. 16018.

235 F.2d 459 (1956)

Charles Wesley JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 28, 1956.

Attorney(s) appearing for the Case

Chas. W. Johnson, in pro. per.

E. David Rosen, Asst. U. S. Atty., James L. Guilmartin, U. S. Atty. for the Southern Dist. of Florida, Richard R. Booth, Asst. U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

Appealing from an order1 denying, upon the considerations and for the reasons stated in it, his motion under Rule 35, Rules of Criminal Procedure, for reduction of sentence, petitioner is here urging upon us that the district judge was wrong in thinking and holding that the motion must be denied as not timely filed, and, therefore, in entering the order appealed from.

Here upon one specification of error...

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