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MOSS v. UNITED STATES

No. 17462.

263 F.2d 615 (1959)

John MOSS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 18, 1959.

Attorney(s) appearing for the Case

John Moss, in pro. per.

John E. Banks, Asst. U. S. Atty., Arthur L. Luethcke, Asst. U. S. Atty., San Antonio, Tex., for appellee.

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

PER CURIAM.

Approximately six months after the sentence on his plea of guilty, appellant sought a correction of it under F.R.Cr.P. 35, 18 U.S.C.A. As Rule 35 contemplates the correction of a sentence of a court having jurisdiction, Fooshee v. United States, 5 Cir., 1953, 203 F.2d 247, the Court properly considered the papers as an application under 28 U.S.C.A. § 2255 since it was urged that the sentence was void, not merely imperfect...

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