Johnston

This is an appeal from an order of the court below denying petition of appellant for a writ of habeas corpus. The appellant is at the present time detained at the *655 Federal Penitentiary on Alcatraz Island in San Francisco Bay. He brought his petition for writ before the District Court alleging that he had served out a sentence imposed by the District Court of the United States for the District of Kansas which was to commence after the expiration of a sentence imposed by the District Court of the United States for the Eastern District of Illinois, upon the contention that the indictment under which he was sentenced in Illinois was fatally defective and that any sentence thereunder.being invalid that therefore the Kansas sentence began to run immediately upon imposition, without an interval of waiting for the sentence imposed in the Illinois case to expire. It is to “be noted that not long ago the same parties were before this court upon appeal from an order of the same District Court denying a similar petition, based upon the ground that the sentence of the Illinois United States District Court was indefinite. We there held the sentence sufficiently definite. See 82 F.(2d) 729…