O'Brien

This is an appeal from an order of the district court denying James W. O’Brien’s petition for a writ of habeas corpus.

Appellant pleaded guilty to an indictment alleging his violation of §§ 313, 315 and 317 of Title 18 U.S.C.A. in counts numbered respectively first, second and third, and judgment was pronounced against him as follows: imprisonment for three years upon the first count, imprisonment for five years and the payment of a fine of $1,000.00 upon the second count, and imprisonment for five years upon the third count, all imprisonment sentences to run consecutively-

Having served the sentence imposed by the second and third counts, ten years less good time allowances, appellant petitioned the district court for a writ of habeas corpus, claiming that he was illegally restrained of his liberty for the reason that the separately charged offenses under §§ 313 and 317 constituted but one offense. The district court sustained a demurrer to the petition and declined to grant the writ upon the ground that the petition did not allege facts sufficient to warrant appellant’s release.

The first count of the indictment charged that appellant stole postage stamps, stamped envelopes…