McDOWELL v. SWOPE

No. 12486.

183 F.2d 856 (1950)

McDOWELL v. SWOPE.

United States Court of Appeals Ninth Circuit.

July 31, 1950.


Attorney(s) appearing for the Case

Sidney E. Roberts, San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., Joseph Karesh, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HEALY and ORR, Circuit Judges, and McLAUGHLIN, District Judge.


McLAUGHLIN, District Judge:

This is an appeal from the denial below of a petition for a writ of habeas corpus.

The background of the problem presented is that appellant was sentenced on June 22, 1943, to fourteen years by a court of the State of Michigan and escaped from the state prison on October 7, 1944. On June 7, 1945, for violation of federal law he was sentenced by the district court of the District of Nebraska to three years and was subsequently transferred...

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