Wesley Leon Colbert v. P. J. Madigan, Warden of the United States Penitentiary at Alcatraz, California
Opinion
Opinion
In the United States District Court for the Eastern District of Arkansas, hereafter called the Arkansas court, appellant, Wesley Leon Colbert, pleaded guilty in criminal action No. 15127, a prosecution for violating 18 U.S.C.A. § 2312 , and pleaded guilty in criminal action No. 15298, a prosecution for violating 18 U.S. C.A. § 751. Thereupon, on October 15, 1951, the Arkansas court entered a judgment in action No. 15127 sentencing appellant to be imprisoned “for a period of Five (5) years” and entered a judgment in action No. 15298 sentencing appellant to be imprisoned “for a period of Five (5) years, said sentence to run consecutively with the sentence imposed on said defendant [appellant] by this court [the Arkansas court] in criminal action No. 15127.”
Appellant was accordingly imprisoned in the United States penitentiary at Leavenworth, Kansas, and, later, in the United States penitentiary at Alcatraz, California. On May 13, 1955, while in the penitentiary at Alcatraz, in custody of appellee, Paul J. Madigan, warden thereof, appellant petitioned the United States District Court for the Northern District of California, hereafter called the California court, for a writ of…