United States v. Aderman

LINDLEY, Circuit Judge.

Defendant’s conviction in 1950, after trial by the court without a jury, on an indictment in two counts based on 18 U.S.C. §§ 80 and 88, now 18 U.S.C. §§ 287 and 371, was sustained by this court in 191 F.2d 980. Within sixty days after the Supreme Court had denied cer-tiorari, 342 U.S. 927, 72 S.Ct. 366, 96 L.Ed. 691, defendant filed in the District Court a motion under Rule 35 of the Federal Rules of Criminal Procedure, 18 U.S.C., seeking reduction of his sentence, claiming that he had been charged and convicted under the Sections quoted, which make the offense a…