United States v. Pugh

SHRIVER, District Judge.

The defendant was convicted of violating Section 641 of Title 18 of the United States Code. He appealed and his appeal was dismissed by the Circuit Court of Appeals under date of May 29, 1952, 9 Cir., 197 F.2d 509, upon the basis that his motion for a new trial had not been filed in time. Upon receipt of the mandate the defendant surrendered and began the service of his sentence. After the hearing on the present motion I enlarged the defendant upon bail .because of grave jurisdictional questions hereafter discussed. The defendant moved to vacate judgment and sentence…