Andrew J. Leonard v. United States

Good Law
313 F.2d 824·1963 U.S. App. LEXIS 6076
United States Court of Appeals for the Ninth CircuitFebruary 21, 196316113California640 words

Opinion

Opinion

Jertberg, J.

The petitioner has lodged with the •Clerk of this Court a motion to proceed in forma pauperis, with supporting affi•davit and “Petition For a Writ of Error Coram Nobis.”

From the affidavit and petition it appears that petitioner is presently confined in the federal penitentiary at McNeil Island, Steilacoom, Washington, where he is serving a ten-year sentence imposed upon him following conviction of some federal offense, the nature of which offense is not stated. The petitioner does not attack in any way the legality of his present confinement.

The petition prays that the Mandate issued by this Court in Andrew J. Leonard, Appellant, v. United States of America, Appellee, No. 16113, be recalled; that a hearing be held; and that this Court issue an order “to the Warden, U. S. Penitentiary, McNeil Island, Steilacoom, Washington to release the Petitioner forthwith from a detainer held against him for the U. S. Parole Board.”

It appears that the detainer arises from a judgment of conviction and sentence imposed upon petitioner following trial to a jury by the district court of the Territory (now State) of Alaska, Third Division, which sentence and judgment of conviction was affirmed…

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