Lee v. Madigan

GOODMAN, Chief Judge.

Petitioner is confined at the United States Penitentiary at Alcatraz, California, pursuant to a sentence of ten years for assault with murderous intent adjudged by a General Court Martial on March 14, 1947.

The sentence pronounced by the General Court Martial included the provision that: “The Federal Reformatory, Chillicothe, Ohio, or elsewhere as the Secretary of War may direct, is designated as the place of confinement.” Article 42 of the Articles of War then in effect, 10 U.S.C. § 1513 (1946 Ed.), provided as follows:

“Except for desertion in time of war, repeated…