PAYNE v. MADIGAN

No. 16552.

274 F.2d 702 (1960)

Harry Joseph PAYNE, Appellant, v. Paul J. MADIGAN, Warden, United States Penitentiary, Alcatraz, California, Appellee.

United States Court of Appeals Ninth Circuit.

January 19, 1960.


Attorney(s) appearing for the Case

Harry Joseph Payne, in pro. per.

Lynn J. Gillard, U. S. Atty., John Kaplan, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before POPE, HAMLEY and KOELSCH, Circuit Judges.


HAMLEY, Circuit Judge.

This is a habeas corpus proceeding involving Harry Joseph Payne, a federal prisoner confined in Alcatraz penitentiary. He is being held to serve twelve years under seven written judgments and commitments. These judgments and commitments expressly provide for seven consecutive sentences to be served in sequence corresponding to the numbers of the seven criminal cases.

In his application for a writ, Payne alleged that the oral pronouncements...

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