United States v. Bancroft

Phillip Bancroft appeals the district court's order denying relief on his Fed. R. Crim. P. 35(a) motion. We affirm the order of dismissal based on reasoning different from the district court. Bancroft was found guilty of forging a signature on a United States Postal Money Order and of attempting to pass or utter the money order. Both of the offenses were committed in Chesapeake, Virginia, on December 14, 1987. He was sentenced pursuant o the Sentencing Guidelines and neither party appealed. He filed this Rule 35 motion well after the period for appeal had expired. He claims in the motion that the district court lacked jurisdiction to try him because the United States did not own the land on which the offenses allegedly were committed. The district court considered the claim on the merits under Rule 35 and denied relief.