Kelly

This appeal is from an order denying a petition for a writ of habeas corpus.

Appellant, Harry C. Kelly, was indicted on September 21, 1932, in the District Court of the United States for the Northern District of California for robbing a person having lawful charge, control and custody of mail matter and, in effecting the robbery, putting such person’s life in jeopardy by the use of a dangerous weapon. 1 On September 23, 1932, appellant was arraigned, pleaded guilty and was-sentenced to be imprisoned for twenty-five years. He was thereupon committed to the custody of the Attorney General, who designated as the place of appellant’s confinement the United States penitentiary at Leavenworth, Kansas, whence, by order of the Attorney General, he was subsequently transferred to the United States penitentiary at Alcatraz Island, California, 2 of which appellee, James A. Johnston, is warden.

Thereafter, on April 9, 1939, appellant petitioned the District Court — the court which had sentenced him — for a writ of habeas corpus. The court issued an order requiring appellee to show cause why the writ should not issue. Appellee filed a return, appellant filed a traverse, a hearing was had,…