Evans

Evans’ petition for the writ of habeas corpus raises the question whether the ■Attorney General has the power to con- ■ fine a defendant, convicted and sentenced to a long term of imprisonment, in the United States Penitentiary at Alcatraz, even though the defendant-has appealed his conviction and has elected not to com- . menee the service of his sentence, pursuant to Rule 38 of the Rules of Criminal Procedure, 18 U.S.C.

Petitioner contends that the Attorney General has no such power or authority. The Warden at Alcatraz, the respondent herein, contends that, notwithstanding Rule 38, the Attorney General may safe-keep the petitioner, pending his appeal, in any place in the District, including Alcatraz Penitentiary which is. but a few miles from the Courthouse of this District:

The record before us upon the hearin’g of the petition is as follows:

Petitioner William Evans was convicted 'in this Court of certain violations of the Federal Narcotics Laws (21 U.S.C. A. § 174, 26 U.S.C. §§ 4704 , 4744, 7237) and was on June 20, 1957, “committed to the custody of the Attorney General or his authorized representative for imprisonment” for a total period of 50 years. On the same day, the…