Fooshee v. United States

HUTCHESON, Chief Judge.

Convicted on his plea of guilty of having violated section 494, Title 18 U.S.C. by causing to be uttered and published as true upon one F. D. Jones and one Earl D. Hicks, pharmacists, prescriptions for narcotic drugs purportedly issued to C. M. Moore, a false and fictitious name, appellant was sentenced to serve two years with hospitalization at the United States Medical Center in Springfield, Missouri.

On October 10, 1951, while still confined there, he filed a motion under Rule 35 of Federal Rules of Criminal Procedure, 18 U.S.C., and under section 2255, Title 28,…