Evans v. Madigan

GOODMAN, District Judge.

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,…