Tatum

Tatum v. United States

Good Law
204 F.2d 324
United States Court of Appeals for the Ninth CircuitJune 8, 195313550_1California461 words

Opinion

Opinion

Mathews, J.

In the United States District Court for the District of Arizona, appellant, James Luther Tatum, pleaded guilty to (1) an indictment charging him with violating 18 U.S.C.A. § 2312 on or about August 15, 1949, (2) an indictment charging him with violating 18 U.S.C.A. § 751 on or about October 22, 1949, and (3) an indictment charging him with violating 18 U.S.C.A. § 2312 on or about August 18, 1949. Thereupon, on November 28, 1949, the District Court entered (1) a judgment sentencing appellant to be imprisoned for three years on the first indictment, (2) a judgment sentencing him to be imprisoned for three years on the second indictment, to run consecutively with the sentence on the first indictment, and (3) a judgment sentencing him to be imprisoned for three years on the third indictment, to run consecutively with the sentence on the second indictment.

On June 9, 1952, while in custody under the sentences mentioned above, appellant caused to be filed in the District Court (1) a petition entitled “Petition for writ of habeas corpus ad testificandum” and (2) a petition entitled “Petition for motion to quash, annul and make void sentences as made and provided for under Title 28,…

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