Troy Shelton v. United States

SOPER, Circuit Judge.

This appeal is taken from an order of the district judge denying a motion of the appellant, who was defendant in the district court, to vacate a sentence of two years imprisonment on the ground that the court was without jurisdiction because the judgment was based upon an invalid verdict. The motion was made after the defendant had been committed to prison and after the time for appeal had expired; but jurisdiction of the court to entertain the motion was conferred upon the court by the provisions of 28 U.S.C. § 2255, which authorize a prisoner in custody under sentence…