John Moss v. United States

Approximately six months after the sentence on his plea of guilty, appellant sought a correction of it under F.R.Cr.P. 35, 18 U.S.C.A. As Rule 35 contemplates the correction of a sentence of a court having jurisdiction, Fooshee v. United States, 5 Cir., 1953, 203 F.2d 247, the Court properly considered the papers as an application under 28 U.S.C.A. § 2255 since it was urged that the sentence was void, not merely imperfect.

Moss was a confederate of Meyers, whose appeal, Meyers v. United States, 5 Cir., 1958, 260 F.2d 956, grew out of the very swindle involved here. That decision, and Londos v.…