Ex parte Behrens

SCHWELLENBACH, District Judge.

Petitioner seeks a writ of habeas corpus in order to secure release from the state penitentiary. He attacks the state indeterminate sentence law, Rem.Rev.Stat. Supp. § 10249 — 1 et seq., as an unconstitutional delegation of judicial power. This contention is without merit. Ughbanks v. Armstrong, 208 U.S. 481, 28 S.Ct. 372, 52 L.Ed. 582; Sims v. Rives, 66 App.D.C. 24, 84 F.2d 871, 879, certiorari denied 298 U.S. 682, 56 S.Ct. 960, 80 L.Ed. 1402; State v. Mulcare, 189 Wash. 625, 66 P.2d 360. Petitioner also asserts that his twenty-year sentence on count two of the…