United States v. Kniess, 12104.
| Decision Date | 17 January 1958 |
| Docket Number | No. 12104.,12104. |
| Citation | 251 F.2d 669 |
| Parties | The UNITED STATES of America, Plaintiff-Appellee, v. John Eugene KNIESS, Defendant-Appellant, |
| Court | U.S. Court of Appeals — Seventh Circuit |
John Eugene Kniess, in pro. per.
George E. Rapp, U. S. Atty., Dudley H. Davis, Jr., Asst. U. S. Atty., Madison, Wis., for appellee.
Before DUFFY, Chief Judge, and HASTINGS and PARKINSON, Circuit Judges.
A criminal information containing two counts was filed against defendant in the United States District Court for the Eastern District of Texas. Count I charged him with forcibly breaking into the United States Post Office at Wells, Texas. Count II charged defendant with stealing postal cards and stamps having a value in excess of $100.00. The case was transferred to the United States District Court for the Western District of Wisconsin pursuant to Rule 20 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. On August 30, 1956, defendant entered a plea of guilty to both counts, and he was committed to the custody of the Attorney General for a total period of four years.
A criminal information containing ten counts was filed against defendant in the United States District Court for Colorado. Eight of the counts charged defendant with forging United States postal money orders, and two counts with the passing of forged money orders. These charges were likewise transferred to the United States District Court for the Western District of Wisconsin, and defendant entered a plea of guilty as to all ten counts. Defendant was sentenced to the custody of the Attorney General for three years on each count, the sentences to run concurrently, and also to be concurrent with the sentence imposed on Count I of the information originally filed in Texas.
Defendant filed with the United States District Court for the Western District of Wisconsin a paper entitled "Petition for the Writ of Habeas Corpus Ad Testificandum and Motion for Issuance of Quo Warranto Mandamus and Restraint Order. Warden Chesley H. Looney of the United States Penitentiary at Leavenworth, Kansas, and two others, were named respondents, but apparently the pleading was not served upon any of them. The District Judge of the Western District of Wisconsin dismissed the petition without hearing. Defendant was permitted to appeal to this Court in forma pauperis. Inasmuch as the defendant could not be personally present at the oral argument of his case in this Court, the Government waived oral...
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Holmes v. U.S. Bd. of Parole
...Bryant v. Harris, 465 F.2d 365, 367 (7th Cir. 1972); U.S. ex rel. Knight v. Ragen, 337 F.2d 425 (7th Cir. 1964); United States v. Kniess, 251 F.2d 669 (7th Cir. 1958). Assuming, however, that habeas is available, we hold that the district judge did not abuse his discretion in granting manda......
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...ex rel. Knight v. Ragen, 337 F.2d 425 (7 Cir. 1964), cert. denied, 380 U.S. 985, 85 S.Ct. 1355, 14 L.Ed.2d 277 (1965); United States v. Kniess, 251 F.2d 669 (7 Cir. 1958); Williams v. Steele, supra note 6; United States ex rel. Morrison v. Myers, 174 F.Supp. 818 (E.D.Pa.1959). But see Coffi......
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