Banghart

Appellant, to whom we shall hereafter refer as petitioner, an inmate of the United States Penitentiary at Alcatraz, California, petitioned the United States District Court for the Northern District of California, Southern Division, for a writ of habeas corpus. That court issued an order requiring E. B. Swope, Warden, United States Penitentiary, Alcatraz Island, California, to show cause why the said writ should not issue. Said Warden, to whom we shall hereafter refer as respondent, made a return which was traversed by petitioner. The said United States District Court determined from the petition, return and traverse that no factual issue was tendered and that the petition could be determined as a matter of law. The petition was denied and the proceedings dismissed. Petitioner has appealed.

The judgment and sentence entered on May 15, 1934 in the Western District of North Carolina, Ashville Division, under which petitioner was imprisoned, reads in part as follows:

“Ordered and adjudged that the defendant, having been found guilty Of said offenses, is hereby committed to the custody *443 of the Attorney General or his authorized representative for imprisonment for the period of…