Attorney(s) appearing for the Case
Richard H. Muller, Portland, Or., for appellant.
Sidney I. Lezak, U. S. Atty., and Jack G. Collins, Asst. U. S. Atty., Portland, Or., for appellee.
Before JERTBERG, MERRILL and KOELSCH, Circuit Judges.
United States Court of Appeals Ninth Circuit.
JERTBERG, Circuit Judge:
Before us is an appeal from a denial of a motion made by the appellant to the court below "to Vacate and/or Set aside sentence, Title 28, Sec. 2255, U.S.C." The District Court treated the motion as one made pursuant to Rule 35, Federal Rules of Criminal Procedure, to correct an illegal sentence.
On September 13, 1962 appellant entered a plea of guilty to a two-count Oregon indictment charging him with forging and uttering a Postal...
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