Willis K. Baker, Jr., and Mervin Bud Cornelsen v. United States

This is an appeal from an order of the district court denying appellants’ motion objecting to the court’s jurisdiction. This motion was filed more than two years after trial.

Appellants were convicted at jury trial of conspiracy to receive, conceal and convert to their own use stolen United States government property in violation of 18 U.S.C. §§ 371 and 641. The judgment was affirmed on appeal. Baker v. United States, 393 F.2d 604 (9th Cir. 1968). The Supreme Court denied certiorari. 393 U.S.-836, 89 S.Ct. 110 , 21 L.Ed.2d 106 (1968).

The district court denied appellants’ motion on the grounds that it could not properly be considered under Rule 35, Fed.R.Crim.P., and that appellants did not file a motion for arrest of judgment within the time allotted in Rule 34, Fed.R.Crim.P. We agree with this disposition of the motion.

Treating appellants’ motion as a petition pursuant to 28 U.S.C. § 2255 and considering it on the merits, appellants are not entitled to relief. Their sole contention is that the trial court erred in instructing the jury as follows:

No objection was made to this instruction at trial. Moreover, it is a correct statement of the law. Knowledge that stolen…