United States of America Ex Rel. Albert R. House, Relator v. Edwin L. Swope, Warden, United States Penitentiary, Alcatraz, California

HUTCHESON, Chief Judge.

Appellant, movant below, was charged in two indictments, with Henderson and Lassiter, with burglarizing and stealing from the Post Office at Valparaiso, Florida, and in another, with Lassiter alone, with burglarizing and stealing from the Post Office at Freeport, Florida.

Tried and convicted on his plea of not guilty in the United States District Court, for the Southern District of Florida, appellant was, on November 13, 1951, sentenced to terms in the penitentiary aggregating ten years. On March 29,1954, he moved in the sentencing court under Sec. 2255, Title 28 U.S.C.…