Madsen v. Hinshaw

237 F.2d 370 Kenneth Glen MADSEN, Appellant, v. Harold H. HINSHAW, Sheriff of Skagit County, Washington, William B. Parsons, United States Marshal for the Western District of Washington, and Honorable Herbert Brownell, Attorney General of the United States, Appellees. No. 14833. United States Court of Appeals Ninth Circuit. Oct. 12, 1956. J. Lael Simmons, Kenneth Davis, William H. Simmons, Leslie M. Yates, Simmons, Simmons & Yates, Seattle, Wash., for appellant. Charles P. Moriarty, U.S. Atty., Edward J. McCormick, Jr., Asst. U.S. Atty., Seattle, Wash., for appellees. Before ORR, POPE and LEMMON, Circuit Judges. ORR, Circuit Judge. 1 Appellant was convicted in the District Court of Alaska of the crime of murder in the second degree and sentenced to a term of twenty-five years in a Federal penitentiary. 2 He states that subsequent to his conviction and sentence, he attempted to file in said District Court of Alaska a petition under Section 2255, 28 U.S.C.A. 3 Shortly thereafter appellant was ordered removed to the federal penitentiary at El Reno, Oklahoma. En route he was lodged in jail in Seattle, Washington, for safekeeping. During this period while appellant was in Seattle,…