United States v. Spain

LINDLEY, District Judge.

Defendant having been convicted in September, 1930, filed herein on January 29, 1940, his motion that the judgment of conviction be set aside or modified.

At the outset it must be obvious that this court is at this time without jurisdiction to entertain a motion to modify or vacate a judgment valid on its face first presented years after conviction. United States v. Mayer, 235 U.S. 55, 35 S.Ct. 16, 59 L.Ed. 129; United States v. Benz, 282 U.S. 304, 51 S.Ct. 113, 75 L.Ed. 354; United States v. Harrison, D.C., 23 F.Supp. 249; United States v. Capone, 7 Cir., 93 F. 2d 840.…