Madigan

Petitioner is confined at the United States Penitentiary at Alcatraz, California, pursuant to a sentence of ten years for assault with murderous intent adjudged by a General Court Martial on March 14, 1947.

The sentence pronounced by the General Court Martial included the provision that: “The Federal Reformatory, Chillicothe, Ohio, or elsewhere as the Secretary of War may direct, is designated as the place of confinement.” Article 42 of the Articles of War then in effect, 10 U.S.C. § 1513 (1946 Ed.), provided as follows:

Since the General Court Martial did not specifically sentence petitioner to confinement in a penitentiary, by virtue of Article 42, non-penitentiary confinement was required by the sentence. Confinement in a penitentiary was therefore precluded. Kelly v. Hunter, D.C.Kan.1948, 80 F.Supp. 851 ; Green v. Schilder, 10 Cir., 1947, 162 F.2d 803 .

On December 31, 1953, petitioner, having served a considerable portion of his sentence, was conditionally released from the Federal Correctional Institution, Texarkana, Texas, where he was then confined. On August 12, 1956, his conditional release was revoked. Since October 24, 1957, he has been confined at the United States…