Earl J. Tatum v. United States

On July 28, 1961, in sentencing appellant under D.C.Code Ann. § 24-203-(1961), pursuant to a motion to correct- an alleged invalid sentence, the District Court vacated an earlier sentence, entered June 2,1961, of three to nine years under the Federal Youth Corrections Act, 18 U.S.C. § 5010(c) (1958), for robbery. No appeal had been taken from the June judgment and sentence. The present appeal was allowed by this court on the basis of appellant’s petition alleging error only with respect to the sentencing.

When the motion for correction of sentence was heard the court and both counsel…