Goulette v. Hunter

MELLOTT, District Judge.

Petitioner, an inmate of the United States Penitentiary at Leavenworth, Kansas, was recently brought before this court under a writ of habeas corpus. The respondent filed a motion to dismiss, which, after argument, was taken under advisement by the court, and some evidence was introduced. No facts other than those pleaded in the petition, however, were proved; so no findings of fact are made.

The question is essentially one of law. The facts well pleaded and which, for present purposes, are admitted by the motion, are as follows:

In July of 1941 petitioner was sentenced…