Biren
Biren v. United States
Opinion
Opinion
Mathews, J.
On October 13, 1949, in the Superior Court of the State of California in and for the County of Los Angeles, appellant, Irving Louis Biren, pleaded guilty to three counts of an indictment or information, each charging him with grand theft. Thereupon, on October 13, 1949, the Superior Court entered a judgment imposing an indeterminate prison sentence of not less than one nor' more than ten years on each of the three counts, the three sentences to run concurrently. Appellant began serving the three sentences in the State prison at San Quentin, California, on October 25, 1949.
On November 29, 1949, in response to a writ of’ habeas corpus ad prosequendum issued by the United States District Court for the Southern District of California, Central Division, and directed to the warden of the State prison, appellant was brought into the District Court and there pleaded guilty to two counts of an indictment — one (count 5) charging a violation of 18 U.S.C.A. § 287 and one (count 7) charging a violation of 26 U.S.C.A. Int.Rev.Code, § 145(c). Thereupon, on November 29, 1949, the District Court (Judge Leon R. Yankwich presiding) entered a judgment imposing a prison sentence of five years on…