Warden of United States Penitentiary Annex v. De Londi

COTTERAL, Circuit Judge.

This appeal presents for review a final order or judgment of the United States District Court of Kansas, discharging the appellee from custody of the warden of the penitentiary. The court discharged the prisoner because no record of the judgment of conviction appeared in the proceedings.

The appellee alleges in his petition that he was taken under a commitment to the federal penitentiary at Atlanta and afterwards transferred to the penitentiary at Leavenworth. The transfer was authorized by the Attorney General under sections 831 and 835, title 18, e. 27, U. S. Code (18…