Johnston

Van Gorder v. Johnston

Good Law
82 F.2d 729·1936 U.S. App. LEXIS 3094
United States Court of Appeals for the Ninth CircuitMarch 18, 1936No. 7928California568 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from an order of the District Court refusing to issue writ of habeas corpus upon the petition of appellant. Appellant alleges that he was sentenced on October 16, 1919, by the District Court of the United States for Minnesota to serve a term of five years; that this term expired January 23, 1923. On May 4, 1924, he was sentenced by the District Court of the United States *730 for Wisconsin to serve a term of five years. Later, on October 14, 1926, he was sentenced by the District Court of the United States for the Eastern District of Missouri to serve five years, the term to run consecutively to sentences already imposed. This sentence was reversed on appeal. Van Gorder v. United States (C.C.A.) 21 F.(2d) 939 . On May 26, 1927, he was sentenced to serve five years by the District Court of the United States for Iowa. On September 8, 1927, on conviction of six counts of an indictment he was sentenced by the District Court of the United States for the Eastern District of Illinois to imprisonment for a term of five years and to pay a fine of $5,000 “on each of the 1st, 3rd arid 5th counts of the indictment.” It was further ordered and adjudged “that he be imprisoned…

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