Robert E. Funkhouser v. United States

Upon his conviction on June 20, 1952,. for income tax evasion, the appellant was sentenced to imprisonment for one-year and a fine of $25,000. He served the term and paid the fine. On March 28, 1958, nearly six years after his trial, he filed a motion under Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., to “correct an illegal sentence.” Relief was not sought under Section 2255 of Title 28, U.S.C.A. Denial of the motion resulted in this appeal., The appellant expresses dissatisfaction with the lawyers who represented him at the 1952 trial, because they failed to interpose…