McDonald

Appellant, an inmate of the United States Penitentiary at Alcatraz, seeks his discharge from custody by an application for a writ of habeas corpus. Upon the filing of the application the court below issued an order to show cause. Appellee, Warden, filed a return to the order to show cause. Appellant then filed a traverse to the return. Thereafter, upon due consideration of the pleadings and issues involved, the court below discharged the order to show cause and dismissed the petition. The appeal is taken from that judgment.

The facts of this case are clearly set forth in McDonald v. Moinet, 6 Cir., 1944, 139 F.2d 939 , certiorari denied, 322 U.S. 730 , 64 S.Ct. 942 , rehearing denied, 322 U.S. 769 , 64 S.Ct. 1142 , wherein the court considered the same arguments that the petitioner here advances and rendered a decision adverse to his contentions. The Moinet case involved an appeal from an adverse judgment to McDonald’s petition for an order vacating the sentence of 35 years imprisonment entered following petitioner’s conviction upon all six counts of an indictment charging bank robbery and violation of 12 U.S.C.A. § 588b.

During the pendency of the appeal in the Moinet case, and…