Lopez

Appellant was convicted on July 30, 1943 in the District Court of the United States for the Southern District of California, Central Division under an indictment of two counts. The first count charged the offense of receiving stolen property of the United States; the second count charged conspiracy with others to commit the of fense charged in the first count. Lopez received a sentence of five years on the first count and two years on the second count. These sentences (in Criminal Case No. 16,-048) were ordered to run consecutively. He was subsequently removed to and confined in the federal penitentiary at McNeil Island, Washington. Both of said sentences have been served.

On or about November 4, 1944, and while serving the two California sentences above mentioned, Lopez unlawfully escaped from the said McNeil Island Penitentiary. On or about the same date he assaulted an employee of the said penitentiary with a deadly weapon (a knife) while this employee was engaged in the performance of his official duties, the assault being perpetrated with an intent to do bodily harm. For commission of these two offenses Lopez was indicted in the United States District Court for the Western…