Wiley

This is an appeal from an order of the District Court denying a motion to vacate a judgment sentencing appellant to ten years imprisonment in a federal penitentiary upon conviction on an indictment charging the uttering of a forgery of a signature endorsing for transfer a United States Liberty Bond. 1 The judgment was entered on May 10, 1934. The sentence was to follow consecutively upon prior consecutive sentences of two and ten years on other counts of the same indictment, the first for conspiracy and the second for forging the name of the owner of the bond the utterance of which constituted the offense here under consideration.

There was a fourth sentence of five years of probation consecutive upon the sentence for uttering. The court extended the term for the period of probation.

The ground of the motion is that the charge of uttering the bond with the *708 forged endorsement is identical with the charge of forging the endorsement and that the statute upon which the charges of the indictment rest does not create separate crimes of such forging and uttering. The District Court has the jurisdiction of the issue tendered by the motion, even if the motion be deemed to be made…