Anthony Maenza v. United States Marshal, Eastern District of Louisiana

This is a companion case to No. 16,158, Maenza v. United States, 242 F.2d 339, and the parties agree that the facts of the two cases are identical. Presented is an appeal from an order of the Court below dismissing petition by Maenza for writ of habeas corpus filed a few days before his trial in case No. 16,158.

The sole question involved in the hearing on the petition for habeas corpus was whether Maenza was lawfully within custody of the United States Marshal. The return filed by the Marshal and the proof showed that a Judge of the United States District Court for the Eastern District of…