55 F. Supp. 142 | M.D. Penn. | 1944
This is a petition for a writ of habeas corpus filed by William Lee Howell, at present a prisoner in the Lewisburg Penitentiary, within the Middle District of Pennsylvania.
The early allegation in the petition which calls for the attention of this Court is the statement that, while serving a term under the sentence of a State Court, he was taken before the United States District Judge of the Middle District of Tennessee and sentenced to a term of three years and six months which he is now serving at the United States Penitentiary, Lewisburg, Pennsylvania; that at the time of the said sentence he was then remanded to the custody of the state officials and forced to complete his term in the state institution before being turned over to the Federal authorities to commence the service of his Federal, sentence. He now contends that the Federal Court erred in trying him while he was still in the custody of the state of Tennessee and that the United States District Judge erred in imposing a sentence to commence at the expiration of his state sentence; and further, that as a matter of law, “his Federal sentence should have begun upon the date that he was sentenced and at no later date”. This question has been decided by this Court in its recent opinions in the cases of Smith v. Hiatt, Warden, D.C., 54 F.Supp. 481; and Peer v. Hiatt,
The petition for a writ of habeas corpus is dismissed and the writ denied.
No opinion for publication.
