United States of America Ex Rel. L. B. Binion v. United States Marshal for the District of Nevada

On July 12, 1980, L. B. Binion, appellant herein, was taken into custody by the United States Marshal for the District of Nevada, appellee herein, upon a judgment and commitment entered in the United States District Court for the Western District of Texas on December 14,1953. On the same day appellant filed a petition for a writ of habeas corpus in the United States District Court for the District of Nevada in order to test the validity of his detention, and he was immediately released on bail. On November 9, 1960, the district court discharged the writ, and on November 10th appellant appealed to this court.

The record discloses an undisputed, but yet complicated, factual situation.' On September 3, 1952, appellant entered a plea of nolo contendere in the United States District Court for the District of Nevada to ah indictment charging income tax evasion for the year 1949. He was sentenced to pay a fine of $15,000, the imposition of a prison sentence was suspended, and he was placed on probation for five years.

On December 14, 1953, in the United States District Court for the Western District of Texas, appellant pleaded guilty to two indictments charging income tax evasion for…