The opinion of the court was delivered by: RIFKIND
The petitioner moves, pursuant to 28 U.S.C.A. § 2255, to vacate a sentence of a year and a day imposed upon him by this court on November 26, 1946, for violation of probation, of which sentence he served seven months before being paroled. He also seeks invalidation of a warrant, now outstanding against him, for his return to Federal custody for violation of this parole. This warrant will be served upon him, he alleges, on April 25, 1949, immediately upon his expected release from the New York City Penitentiary, where he is presently confined by New York authorities after violation of a New York authorities after violation of a New York parole.
A brief outline of petitioner's embroilments with the law is necessary to clarify the issues.
On May 15, 1944, in the District of Columbia, petitioner was indicted in three indictments, each of two counts, each charging him with obtaining money by false pretenses and with causing to be transported in interstate commerce a falsely made security. He had drawn and passed three checks against insufficient funds on a bank located outside the District of Columbia. At the time these indictments were filed, petitioner was at large under a sentence of probation upon conviction by a New York court on a similar offense.
In June, 1944, removal of petitioner to the District of Columbia, for trial on the indictments pending there, was denied by a United States Commissioner. Petitioner remained at large as a New York probationer.
In March, 1945, petitioner was sentenced by a New York court to an indeterminate term of three years for violation of his New York probation, and imprisoned.
On May 7, 1946, petitioner was paroled by the state authorities.
On May 28, 1946, petitioner's consent was filed to plead, in the Southern District of New York, to the District of Columbia indictments.
On May 31, 1946, petitioner pleaded guilty in this court to all counts of the indictments, and was sentenced to a prison term of 18 months, execution suspended, 22 months' probation, to run concurrently with his New York parole.
On July 31, 1946, a bench warrant was issued for petitioner's apprehension for federal probation violation.
On October 1, 1946, petitioner was convicted, in a New York court, of a New York offense and of violation of his New York parole, and again imprisoned.
On October 23, 1946, petitioner was brought here from the New York City Penitentiary by a writ of Habeas Corpus ad Prosequendum and arraigned for violation of federal probation. He refused the assistance of counsel which was proffered by the court and admitted the violation. I sentenced him to 18 months, service of sentence to begin upon release from the custody of New York.
On November 26, 1946, I vacated petitioner's sentence and imposed a sentence of one year and one day on each count of each indictment, to run concurrently and to begin upon his release from custody of the New York authorities.
On May 27, 1947, petitioner was released on parole by the New York authorities, and arrested on a bench warrant by the federal authorities to be imprisoned in the Federal Correctional Institution at Danbury, Conn., there to serve the federal sentence.
On January 19, 1948, petitioner was incarcerated by New York after conviction of a new offense, followed by a one year sentence, and both New York and federal parole ...