EVANS v. MADIGAN

No. 36617.

154 F.Supp. 913 (1957)

William EVANS, Petitioner, v. Paul J. MADIGAN, Warden United States Penitentiary, Respondent.

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

July 30, 1957.


Attorney(s) appearing for the Case

Arthur D. Klang, San Francisco, Cal., for petitioner William Evans.

Lloyd H. Burke, U. S. Atty., and Robert H. Schnacke, Asst. U. S. Atty., San Francisco, Cal., for respondent Paul J. Madigan.


GOODMAN, District Judge.

Evans' petition for the writ of habeas corpus raises the question whether the Attorney General has the power to confine a defendant, convicted and sentenced to a long term of imprisonment, in the United States Penitentiary at Alcatraz, even though the defendant has appealed his conviction and has elected not to commence the service of his sentence, pursuant to Rule 38 of the Rules of Criminal Procedure, 18 U.S.C.

Petitioner contends...

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