Carl Harvey Bistram v. United States

GARDNER, Chief Judge.

This case is before us for the second time. Appellant, his brother, Arthur Earl Bistram, and another were indicted for the crime of kidnapping as defined by Section 1201(a), Title 18, U.S.C. Each of the defendants entered a plea of guilty. Thereafter Carl Harvey Bis-tram, appellant herein, filed a motion to vacate and set aside the judgment- on the ground that the sentencing court lacked jurisdiction in that the indictment failed to negative an exception contained in Section 1201(a), Title 18, U.S.C. This motion the trial court overruled and appellant again filed a motion…