Robert Lee Ramsey v. United States

The legal questions raised by appellant were answered in detail, and determined adversely to appellant, in this Court’s en bane decision in Strand v. Schmittroth, 9 Cir., - F.2d - (June 24, 1957).

Appellant in March 1950, was convict•ed in the State Courts of California of robbery, and sentenced to San Quentin for five years to life. He was thereafter paroled, and on January 5th, 1954, as appellant says it, “he deserted his parole.” On February 5th, 1954, appellant was arrested by California authorities for parole violation, his parole suspended, and he was ordered back to prison.

Thereafter the United States Government took appellant into custody, charging him by indictment of robbing the United States’ mails on January 13, 1954. Appellant plead not guilty, and was tried, convicted, and sentenced to seven and one-half years in the custody of the Attorney General. The State of California thereafter lodged a detainer, or “hold” on appellant.

Appellant, subsequent to the commencement of his Federal sentence, moved the lower court to vacate the judgment. This motion was denied, and appellant takes this appeal.

Appellant has no standing to raise the question of comity between two…