Carrillo

Carrillo v. Squier

Good Law
137 F.2d 648·1943 U.S. App. LEXIS 2868
United States Court of Appeals for the Ninth CircuitAugust 5, 1943California391 words

Opinion

Lead Opinion

Wilbur, J.

The petitioner, Gastavo Carrillo, has applied to this court for leave to proceed on appeal in forma pauperis from an order denying discharge on a writ of habeas corpus. A similar application was made to the District Court and denied, the court certifying that the appeal was without merit. The District Court did not find that the appeal was not taken in good faith.

The application of the petitioner to this court is accompanied by copies of the proceedings in the District Court including the briefs and opinion of the trial court. It appears therefrom that the petitioner was found guilty on six counts for using the United States mails in a scheme to defraud.. Each count was based upon the mailing of a different letter in pursuance of the scheme. Petitioner was sentenced to fifteen years upon the six counts. He concedes that the sentences on counts 2, 3, 4 and 5 were proper but claims that, deducting credits for good time, he has served those sentences and that he is entitled to hj^ discharge because the sentences on counts 1 and 6 are void for lack of jurisdiction in the trial court. This claim is based on the fact that although the trial was had in the central division of the…

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