Albert G. Holliday v. United States

This case is here on appeal from a denial by the court below (Judge Boldt) of a petition for habeas corpus.

It appears that in December of 1952 the petitioner was convicted in a superior court of the State of California of a narcotics offense, from which conviction he appealed. In the interim between the conviction and the decision on the appeal he was for a time released from custody upon his posting an appeal bond. It further appears that in April, 1953, he was again arrested by California authorities, this time on a charge of grand theft of which he later either pleaded guilty or was convicted.

In May, 1953, petitioner was arrested by federal officers and charged in the United States District Court for the Southern District of California on two counts with the offense of bringing narcotics into the United States. He pleaded guilty to this charge on July 3, 1953, and was sentenced by the court in the following language:

The commitment form issued July 3, 1953, reads:

Immediately following imposition of this sentence, petitioner was returned to the Los Angeles County jail.

Petitioner’s appeal to the California appellate courts in the state narcotics case, noticed above,…