Weber

Appellant, or petitioner as we shall hereinafter designate him, is confined in a United States penitentiary and he claims the right to freedom through the medium of the writ of habeas corpus filed in the District Court. That court issued its show cause order and after hearing declined to issue the writ and dismissed the petition. This appeal followed.

The record shows upon its face that petitioner pleaded guilty in the District Court to counts numbers two and four of an indictment' containing several charges of a felonious character.

On September 13, 1934, petitioner was sentenced, the pronouncement of the judge being in part as follows:

After serving the penitentiary term of two years (less good behavior allowance) he was released from prison and thereafter and on June 7, 1938, he was brought before the court for the violation of his probation and was recommitted to prison, the following being the order in part: “ * * * the defendant, Max Weber, having under date of September 13th, 1934, been sentenced to the United States Penitentiary at McNeil Island for the term and period of five years on the second count, and said sentence having been suspended, and defendant having been…