Kelly v. United States

This is a motion in the nature of a pro-, ceeding coram nobis to set aside a sentence. It was filed as a part of the criminal proceeding in the district court below of United States v. Kelly, and is so entitled and numbered. The moving papers disclose that it was unknown to the district court when a plea of guilty was entered that certain facts existed which, if known to it, would have compelled the dismissal of the indictment.

These facts are that the thefts with violence were not of mail matter. The issue is presented whether it is the absence of the court’s knowledge of such facts which…