Frazier

Petitioner has filed a motion to correct the sentence imposed by this Court April 22, 1954. At that time he was sentenced to serve a total imprisonment of ten years for violation of the Harrison Narcotic Act, 26 U.S.C.A. § 2553 , and the Jones Miller Act, 21 U.S.C.A. § 174 , as well as for conspiracy, 18 U.S.C.A. § 371 .

When petitioner appeared before the federal court he was within the jurisdiction of the California state authorities, having been sentenced on April 21, 1954 to serve an indeterminate sentence of from six months to ten years for possession of a narcotic drug. He appeared in the federal court under a writ of habeas corpus ad prosequendam. The federal sentence was silent as to the prior judgment imposed by the California court.

Petitioner contends that when he commenced his State court sentence his federal term also began in the absence of an express order in the judgment to the effect that the federal sentence should be consecutive with the prior State sentence. Such is not the law.

In Zahn v. Kipp, 7 Cir., 218 F.2d 898, 900 , a petitioner made a similar allegation in a habeas corpus proceeding. He contended that he was entitled to credit on his federal sentence…