Jorgensen

This is an appeal from an order denying petitioner’s application for a writ of habeas corpus. The court held that the facts stated in the petition were insufficient to' entitle the appellant to a writ. If so the denial was proper. 28 U.S.C.A. § 455 ; Walker v. Johnston, 9 Cir., 109 F.2d 436 ; Brown v. Johnston, 9 Cir., 91 F.2d 370 .

The petition states that in the Southern Division of the United States District *989 Court for the Northern District of California the petitioner, upon arraignment, on December 16, 1936, plead guilty to an indictment charging him with the transportation across a state line of a stolen automobile, known by him to have been stolen, in violation of 18 U.S.C.A. § 408 , ch. 89, Secs. 1 to 5, 41 Stats. 324. The court sentenced petitioner to a term of three years in a federal penitentiary. While confined therein he escaped from a federal road camp at Kooskia, Idaho, was apprehended, indicted, and plead guilty to an escape. For this offense he was sentenced to a term of two years in a federal penitentiary, the term to begin at the end of the term for which he was already under sentence.

Petitioner’s claim is that the first sentence was void because his plea…