Arnold Thomas Kyle v. United States

Appellant, a federal prisoner held in custody at the United States Penitentiary at Alcatraz, California, appeals from an order of the United States District Court, Western District of Washington, Southern Division, entered on June 30, 1958, denying without hearing appellant’s motion “in the nature of a writ of coram nobis” to vacate and set aside the life sentence imposed upon him by the same District Court on October 21, 1940, following his plea of guilty to the offense of murder in the second degree, as set forth in Section 454, Title 18, U.S.C. 1940 Ed., now Sections 1111 and 1112, Title 18, U.S.C. 1954 Ed.

At the time of the imposition of the life sentence the appellant was in custody in the federal penitentiary at McNeil Island, Washington, serving sentences for bank robbery and attempting to escape from the United States Penitentiary at McNeil Island, Washington, totaling 30 years which will not expire until the latter part of 1959.

The motion of appellant was accompanied by appellant’s affidavit, and the affidavit of Leo A. Sullivan, Attorney at Law. The district judge issued an order to show cause, ordering the United States to make and file a return showing cause if any…