Thomas Kernick v. United States

VAN OOSTERHOUT, Circuit Judge.

This is an appeal from a final order denying defendant Kernick’s motion, filed July 13, 1960, to correct sentence pursuant to 28 U.S.C.A. § 2255 and Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C.A.

Defendant’s present motion to correct sentence is based solely on the following allegation: “It is the opinion of this deponent that the sentence of four years on Count II of the said indictment was incorrect and unconstitutional for the reason that no evidence was offered or received at the trial to support a conviction on the said Count II.”

Defendant,…