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CORY v. JOHNSTON

No. 24972-S.

61 F.Supp. 1021 (1945)

CORY v. JOHNSTON, Warden.

District Court, N. D. California, S. D.

August 23, 1945.

Attorney(s) appearing for the Case

William Frank Cory, in pro. per.

Frank J. Hennessy, U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for respondent.

ST. SURE, District Judge.

Petitioner by writ of habeas corpus seeks his release from Alcatraz Penitentiary alleging that because he was sentenced to one year for escape from a federal prison, 18 U.S.C.A. § 753h, he is entitled under 18 U.S.C.A. § 753f, to choose the type of institution in which he is to serve.

Section 753f, 18 U.S.C.A., provides that all persons convicted of an offense against the United States shall be committed to the custody of...

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