McDowell

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 to and confined at Alcatraz.

In March 1945 appellant was indicted in the Southern District of Indiana upon two counts. 'Count One charged forcible entry into a Post Office under § 315 of 18 U.S.C.A., now § 2115 of Revised Title 18 U.S.C.A., which carried a maximum punishment of $1,000 and five years. Count Two alleged a violation of § 313 of 18 U.S.C.A., now § 1707 of Revised Title 18 U.S.C.A., which before the revision, prescribed a maximum of $200 or three years or both.

In November 1945 appellant was taken to the district court in Indiana to answer to the indictment. An attorney was appointed to represent him and on November 23, 1945, appellant withdrew his plea of not guilty and entered a plea of guilty.

Following the entry of the plea of…