Joseph A. Wagstaff v. United States

FAHY, Circuit Judge.

In Wagstaff v. United States, 91 U.S. App.D.C. 146, 198 F.2d 955, hereinafter referred to as the original appeal, we affirmed this appellant’s conviction of armed robbery and of carrying a pistol without a license, in violation of §§ 22-2901, 22-3202, 22-3204, D.C.Code 1940, for which he had been sentenced January 15,1952. The sentence then imposed was modified October 9, 1953 on appellant’s motion under 28 U.S.C. § 2255 (1952) alleging that in part the sentence was in excess of that authorized by law. Appellant was not present when the Court made the modification.…