Walden v. Hudspeth, 2164.
| Decision Date | 12 November 1940 |
| Docket Number | No. 2164.,2164. |
| Parties | WALDEN v. HUDSPETH, Warden. |
| Court | U.S. Court of Appeals — Tenth Circuit |
Earle F. Wingren, of Denver, Colo., for appellant.
Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellee.
Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.
Petitioner, Spencer Walden, seeks release from the Federal Penitentiary at Leavenworth, Kansas, where he is now confined, by writ of habeas corpus. He appeals from a decision denying his application for the writ.
Petitioner pleaded guilty to three separate indictments in Cases No. 53,424, No. 53,476 and No. 53,477, in the Supreme Court of the District of Columbia, each charging robbery. He was duly sentenced and committed to the Federal Penitentiary at Leavenworth, Kansas, where he is now incarcerated.
The judgment of the court was pronounced August 23, 1933, and is as follows: "* * * and thereupon it is considered by the Court that for his said offenses the said defendant be taken by the Superintendent aforesaid, to the Asylum and Jail aforesaid, whence he came, thence to the Penitentiary as designated by the Attorney General of the United States, there to be imprisoned for the period of Five (5) years in indictment No. 53476, to take effect from and including this date; for the period of Five (5) years in indictment No. 53477, to take effect from and including the date of expiration of sentence in indictment No. 53476; and for the period of Three (3) to Five (5) years in indictment No. 53424, to take effect from and including the date of expiration of sentence in indictment No. 53477."
Petitioner alleges in his application for the writ that he has served the sentence imposed by the court and is now being unlawfully restrained of his liberty; that the original order of commitment as issued by the court in Cases 53476, 53477 and 53424 is now void and that the Warden is without authority at law to further restrain him of his liberty.
The petition further alleges that the court, in imposing sentences in Cases 53476 and 53477, provided for a sentence of five years in each case and further provided that the sentences were to take effect from and including the date on which they were rendered, and to run consecutively; that petitioner is unable to reconcile the conflicting and ambiguous clauses in the sentence, that is, the portion of the sentence which says "to take effect from and including the same day" and "to run consecutively." Petitioner reasons that by virtue of this conflict,...
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