United States v. Luke Hamilton Jones

This appeal is from a denial of a motion made pursuant to Rule 35 of the Federal Rules of Criminal Procedure to reduce a two year sentence which had previously been imposed on defendant as a result of a conviction for unlawfully failing to report for induction into the Armed Forces of the United States in violation of 50 U.S.C. App. § 462(a) (1964).

At a hearing on the motion, the district judge, under the mistaken impression that the matter was one to be han- died by appellant’s draft board, denied the motion but adjourned appellant’s surrender for 30 days to allow him time to contact his…