Booth

On March 4, 1953, pursuant to a stipulation that the matter might be heard at San Diego, California, the defendant appeared before the court on his motion to vacate and set aside his sentence herein. Other motions and petitions have been filed by this defendant in this and other cases, all directed toward securing his release from incarceration. At the hearing on March 4, the Assistant United States Attorney representing the United States recited the history of the various motions, etc., filed by the defendant in the United States courts, and with but a few exceptions the defendant agreed the statement was accurate, and truly recited the record. We quote from the transcript the portions of the statement agreed upon:

“Mr. Deutz: For the record, your Hon- or, as Mr. Booth has stated that he would like to have us make such a representation to the court, I am prepared to review the past history of this case so that we will have a chronology in the file as a part of the record.

“In 1943, Mr. Booth was convicted of theft from an interstate shipment, in Case No. 16167 * * * at Los Angeles. This was reversed on appeal for an error in one of the instructions to the jury. 9 Cir., 154 F.2d…