Tesciona v. United States

Frank Tesciona has filed what he-calls a motion and petition to vacate judg*569ment and correct sentence, addressed to this court. This court has no jurisdiction to grant such an order. The petition, however, recites that a motion was made in the lower court to correct the judgment and sentence imposed upon Tesciona by the United States District Court for the Southern District of California based upon his claim that several of the counts state but a single offense for which but a single penalty can be imposed. The District Court denied the motion on May 10, 1943 and refused to allow an appeal…