Wells

Petitioner, confined at Alcatraz Penitentiary, seeks to obtain his release. In his petition for writ of habeas corpus petitioner alleges that he has completed service of a twenty-five year sentence imposed for bank robbery by the District Court in Texas. A consecutive sentence of twenty years remains unserved. Petitioner attacks such sentence on the ground that it is void and constitutes double jeopardy.

The procedural record discloses that petitioner received an initial sentence of ninety years based on four counts arising out of violation of 12 U.S.C.A. § 588b, (a) and (b). 1 On a motion filed for cor *719 recti on of sentence in 1941 petitioner succeeded in having the trial court, upon remand, eliminate the first two counts, with sentences totalling forty-five years. Wells v. United States, 5 Cir., 124 F.2d 334 .

More recently he sought relief in the District Court for the Northern District of California through a writ of habeas corpus, contending that the trial court had jurisdiction and authority to sentence him under one count only, such count including the lesser offenses described in the first three counts. Honorable Louis Goodman dismissed the petition on the ground…