Graham

Appellant was indicted in the District Court of the United States for the Northern District of California. The indictment was in seven counts. Counts 2, 4 and 6 were dismissed. Appellant pleaded guilty to counts 1, 3, 5 and 7 and was thereupon sentenced to be imprisoned for three years on count 1, two years on count 3, three years on count S and three years on count 7, the sentences on counts 1, 5 and 7 to run concurrently, the sentence on count 3 to begin upon the expiration of the sentences on counts 1, 5 and 7. The United States penitentiary at McNeil Island, Washington, of which appellee is warden, was designated as the place where appellant’s sentences should be served. He began serving his sentences on counts 1, 5 and 7 on June 7, 1941.

On October 6, 1943, appellant petitioned the District Court of the United States for the Western District of Washington for a writ of habeas corpus. The petition was amended on November 16, 1943. A writ of habeas corpus (improperly called an order to show cause) 1 was issued and served on appellee, appellant was produced by appellee, a hearing was had, an opinion was filed, 2 and on February 18, 1944, an order was entered dismissing the…