Armstrong v. United States

This is an appeal from denial by the district court of appellant’s informal petition for writ of habeas corpus. The issue raised by him is that, upon his guilty plea to the four counts of an indictment for violation of the Dyer Act, 18 U.S.C.A. §§ 10, 2311-2313, the district judge sentenced him to five years’ imprisonment on each count of the indictment to run concurrently but suspended the sentence on all four counts and that, therefore, no imprisonment being imposed upon him unless he violated such suspended sentence, he should have been discharged on habeas corpus.

Upon the facts found in…