The order of the District Court, overruling the motion of the plaintiff in error for a consideration of his special plea of limitations to .the indictment, and for a vacation of the judgment in this cause, is affirmed, on the authority of Martin v. Biddle (C. C. A.) 16 F.(2d) 118, and U. S. v. Mayer, 235 U. S. 55, 35 S. Ct. 16, 59 L. Ed. 129.

Affirmed.