Martini

A commitment was issued in the United States District Court for the Northern District of Illinois, Eastern Division, March 31, 1932, directing the imprisonment of the appellant for a term of 12 years. This commitment was in pursuance of a judgment and sentence, after plea of guilty, whereby the appellant and his codefendants were sentenced “ * * * to be confined and imprisoned in'a United States penitentiary for and during a period of ten (10) years on counts one (1) to seven (7) inclusive for and during a period of five (5) years each on count eight (8) sentence on said counts to run concurrently and to be confined and imprisoned in a United States penitentiary for and during a period of two (2) years each on count nine (9) the sentence on count nine (9) to run consecutively with sentence on' counts one (1) to eight (8).”

Appellant, being confined in the United States penitentiary at Alcatraz, California, petitioned the United States District Court for the Northern District of California for a writ of ’habeas corpus contending that under proper construction of the judgment and sentence the maximum sentence was for 10 years and that said period of 10 years expired November 5,…