James J. Welsh v. United States

James Joseph Welsh appeals from the denial of his motions to vacate sentence pursuant to 28 U.S.C. § 2255 and to correct sentence pursuant to Rule 35 of the Federal Rules of Criminal Procedure, and from the denial of his.request for release on his own recognizance pending appeal.

A motion to vacate sentence under 28 U.S.C. § 2255 will not be entertained during the pendency of a direct appeal, inasmuch as the disposition of the appeal may render the motion moot. Bell v. United States, N.D.Miss.1966, 265 F.Supp. 311, aff’d 5 Cir., 375 F.2d 763, cert. denied, 389 U.S. 881, 88 S.Ct. 121, 19…