Ernest Grandville Booth v. United States

CLARK, District Judge.

This is an appeal by Booth from an Order denying motion to set aside and vacate sentence imposed in 1947.

It is unnecessary to detail the facts as to the history and background of the matter presented here as it has twice been presented to this Court. Booth v. United States of America, 198 F.2d 991, and Booth v. United States of America, 209 F.2d 183.

Four assignments of error are set out by appellant Booth, as follows:

“No. 1. The Court erred in not granting the motion to vacate on specification ‘5’ that the challenged judgment No. 19,263 was imposed at a time when the…