Johnston

In the District Court of the United States for the Eastern District of Michigan, hereafter called the Michigan court, Walter McDonald and Otto Barnowski were indicted in six counts. Count 1 charged a violation of 12 U.S.C.A. § 588b(a). The other counts charged violations of 12 U.S. C.A. § 588b(b). Both defendants were tried and found guilty on all counts of the indictment. Thereupon, on January 26, 1939, the Michigan court entered a judgment sentencing each defendant to be imprisoned for 35 years. From that judgment no appeal was taken.

The United States penitentiary at Leavenworth, Kansas, was designated as the placo where McDonald’s sentence should be served. While there confined, he filed in the District Court of the United States for the District of Kansas, hereafter called the Kansas court, a petition for a writ of habeas corpus. The Kansas court entered a judgment denying the petition. That judgment was affirmed on July 26, 1940. 1 Certiorari to review its affirmance was denied on October 21, 1940.

On January 13, 1941, McDonald filed in the Kansas court a second petition for a writ of habeas corpus. The Kansas court issued the writ, but, after a hearing, entered a…