Swihart v. Johnston
1945.C09.181, 150 F.2D 721
Ninth Circuit Circuit Court of Appeals
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In the District Court of the United States for the Eastern District of Oklahoma, hereafter called the Oklahoma court, appellant was indicted for violating section 1 of the Act of February 13, 1913, c. 50, 37 Stat. 670, as amended by the Act of January 21, 1933, c. 16, 47 Stat. 773, 18 U.S.C.A. ? 409. The indictment was in two counts. Appellant was arraigned, pleaded not guilty and was tried and found guilty on both counts. Thereupon, on March 13, 1940, the Oklahoma court entered a judgment, hereafter called the Oklahoma judgment, sentencing appellant to be imprisoned for 10 years on each count, the sentences to run consecutively. The United States penitentiary at Leavenworth, Kansas, was designated as the place where appellants sentences should be served. There appellant was confined until October 27, 1942, when he was transferred to the United States penitentiary at Alcatraz, California, where he ever since has been and is now confined.