Montgomery v. United States

The appellant, William E. Montgomery,, herein referred to as the defendant pleaded guilty to an indictment in the District Court of the United States for the Northern District of West Virginia, at Elkins, in June 1939, charging the violation, of sections 1132b, 1132c, 1132d, 1132e and 1132m of Chapter 15A, Title 26 of the-Code of the Laws of the United States, in force January 3, 1935,1 and was sentenced to five years imprisonment upon each of the two counts of the indictment, said sentences to run consecutively.

On June 3, 1944, the defendant filed a motion to vacate the judgment as to the…