Fred Dwight Jones v. United States

On July 22, 1954, appellant was sentenced by Judge Fee (sitting in the United States District Court) after conviction by a jury on four counts of illegally transporting an alien. Sentence on Counts I and II was five years each, to be served concurrently. Counts III and IV were for one year each, to be served concurrently with each other, but consecutive to Counts I and II, or a total sentence of six years. No appeal was taken.

Appellant filed a motion to vacate this sentence under 28 U.S.C. § 2255 . This was denied by Judge Fee on April 25, 1956. On November 21, 1957, a writ of habeas corpus was filed, and later amended. It was denied in its entirety by Judge Carter (of the United States District Court for the Southern District of California, Southern Division) on January 29, 1958. An appeal was taken, and denial affirmed October 3, 1958. 9 Cir., 260 F.2d 89 .

On August 11, 1958, appellant was released by the United States Board of Parole (in accordance with Title 18 U.S. Code § 4163 ) on parole, “with 710 days remaining to be served.”

On April 15, 1960, appellant, having been charged in two counts with transporting a forged security interstate (in violation of Title 18 U.S.C.…