Booth

Booth appeals from an order of the district court in a proceeding under 28 U.S.C. § 2255 denying on the merits a motion to vacate and set aside a sentence.

In 1943, Booth was convicted of the crime of conspiracy to commit theft from interstate commerce in district court case No. 16,167. This conviction was reversed on appeal for an error in jury instructions. Booth v. United States, 9 Cir., 154 F.2d 73 . In 1947, Booth was indicted in district court case No. 19,263 on a charge of bank robbery. On April 21,1947, he appeared before Judge Wein-berger for arraignment and plea. At that time, through his counsel, he asked for a delay in proceedings to permit him to plead to a similar robbery charge in the California state courts. This was granted and on May 19, 1947, Booth was sentenced in the state court proceedings. On May 28, 1947, Judge McCormick entered an order directing the United States Marshal to release Booth to the Sheriff of Los Angeles County so that he might enter upon the service of the state sentence. At all relevant times thereafter, Booth has been in the custody of California officials pursuant to the state sentence. On June 6, 1947, Booth appeared in the court below…