Joe Larios v. P. J. Madigan, Warden

Appellant is confined at the United States Penitentiary at McNeil Island, Washington, He is appealing from the order of the United States District Court for the Western District of Washington, dismissing his application for a writ of habeas corpus. He claims a right to immediate release on the ground that his federal sentence has been served in full. This is a matter properly raised in an application from a federal prisoner for a writ of habeas corpus under 28 U.S.C. § 2241 (c).

The record indicates that appellant was indicted by the grand jury of the United States District Court for the Southern District of California for the interstate transportation of a stolen motor vehicle, in violation of 18 U.S.C. § 2312 . His presence for trial in San Diego was obtained by the district judge issuing a writ of habeas corpus ad prosequendum. (Appellant was at the time incarcerated in a California state prison.) Appellant pleaded guilty and was sentenced to two years imprisonment. Following sentencing he was removed to a local jail and from there escorted back to the state prison by a deputy United States marshal.

Appellant argues that his federal sentence began to run immediately from the…