Waley

This is an appeal from an order denying appellant’s motion to vacate a judgment and set aside a sentence of the United States District Court for the Western District of Washington. 28 U.S.C. § 2255 , 28 U.S.C.A. § 2255 . Appellant pleaded guilty to an indictment which charged a violation of the “Lindbergh Act,” 18 U.S.C. § 408a, as follows:

It is appellant’s contention that this indictment does not charge an offense because it does not allege that the victim was unlawfully held at the time of the interstate transportation. A reading of the indictment, supra, shows that there is no merit in this contention. The italicized parts of the indictment allege that the victim was kidnapped by the defendants on May 24, 1935, and that they failed to release him within seven days. The interstate transportation is alleged to have occurred on May 27, 1935, within three days after the kidnapping. Thus it is alleged that the victim was unlawfully held at the time of the interstate transportation.

The judgment is affirmed.

. 1948 Revised Criminal Code, 18 U.S.C.A. § 1201 .