United States v. Benz

delivered the opinion of the Court.'

This case is here on a certificate from the court below under § 239 of the Judicial Code, as amended by the act of February 13, 1925, c. 229, 43 Stat. 936, 938; U. S. C., Title 28, § 346.. Benz was indicted for a violation of the National Prohibition Act. He entered a plea of guilty and was sentenced' to imprisonment for a term of ten months beginning December 27, 1929. While undergoing imprisonment under this sentence, and before expiration of the term of the federal district court which had imposed the sentence, he filed a petition asking that the…