Kelly v. United States

STEPHENS, Circuit Judge.

Appeal from an order of the United States District Court denying appellant’s motion to vacate and set aside a judgment and penitentiary sentence which followed the plea of guilty. The motion was made long after expiration of the term of court at which the judgment was pronounced and was based upon appellant’s claim that the trial court is under the power and the duty of correcting an erroneous or void judgment whenever discovery of either fact is made.

Heretofore appellant sought release from prison upon the same state of facts as he presents here in a petition for the…