Kerr

This is an appeal from an order dismissing a petition for a writ of habeas corpus seeking appellant’s release from the United States penitentiary at McNeil Island, Washington.

The indictment containing seven counts in Cause No. 592S-CR was returned on September 30, 1933, to which appellant, then defendant, George Kerr plead guilty to counts 2, 4, S, 6 and 7, Counts 1 and 3 of said indictment being dismissed on motion of the government, whereupon Kerr was sentenced by the court to imprisonment on the second count for a period of ten years, on the fourth, fifth and sixth counts for a period of five years each, and on the seventh count for a period of two years and to pay a fine of $1,000.00, sentence under fourth count to commence to run upon expiration of sentence under second count; sentence under fifth count to commence to run upon expiration of sentence under fourth count; sentence under sixth count to commence to run upon expiration of sentence under fifth count, and sentence under seventh count to commence to run upon expiration of sentence under sixth count.

That indictment charged Kerr with violation of 18 U.S.C.A. § 320 in count two, in that he did rob one Walter E.…