Trant v. United States

EVANS, Circuit Judge.

Was the District Court without jurisdiction to hear the application for probation?

The District Judge very frankly and fairly set forth his position. From his statement in the order dismissing the petition, we quote:

“This Court declines to consider this petition on the sole ground, based upon the foregoing facts, that it has no jurisdiction to do so, because the said petitioner is in custody of the Attorney General, in execution of.said sentence.

“Therefore, for said sole reason, said petition for probation is dismissed.

And exception is therefore granted to the petitioner,…