Ekberg v. United States

MAGRUDER, Circuit Judge.

This is an appeal from an order denying a motion under Rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687, for correction of an allegedly illegal sentence. ■

*382On April 22, 1942, an indictment was filed in the United States District Court for Puerto Rico charging appellant Ekberg with violation of § 32 of the Criminal Code, 18 U.S.C.A. § 76, which reads as follows:

“Whoever, with intent to defraud either the United States or any person, shall falsely assume or pretend to be an officer or employee acting under the authority of the United States,…