Clyde Johnson v. United States

On September 7, 1962, the appellant filed in the District Court a motion which he captioned in Criminal Case No. 7291 and entitled as a “Motion for Vacation of Illegal Sentence (Rule 35, Federal Rules of Criminal Procedure).” Both the motion and an attached memorandum that was incorporated into it by reference were verified. Three exhibits were attached to the memorandum, consisting of uncertified carbon copies of copies of indictments numbered 7264 and 7291 and a judgment under Indictment No. 7291.

The motion was treated in the District Court as an independent civil action, and the District…