Matthews

Appellant, hereinafter referred to as the petitioner, seeks review of an order of the District Court denying his petition for a writ of habeas corpus.

Petitioner filed a petition for a writ of habeas corpus, in the District Court for the *698 Western District of Washington, alleging that he was unlawfully restrained and deprived of his liberty by the warden of the United States penitentiary at McNeil Island, Washington. Thereupon an order was issued by the court below directing the warden to show cause why petitioner should not be discharged from custody and the prayer of the petitioner granted. The warden demurred to such petition and after argument, in which counsel appointed to represent petitioner participated, the court, in a written opinion, sustained the demurrer, and ordered the petition denied and the cause dismissed.

The petition disclosed the following undisputed facts. On September 8, 1936, in the United States District Court for the Southern District of California petitioner pleaded guilty to two counts of an indictment therein filed against him, charging violation of § 264, Title 18, United States Code, 18 U.S.C.A. § 264 , and was sentenced to imprisonment for a…