215 F.2d 604 - Rayborn v. Swope — 215 F.2d 604

How this case has been cited

Cited by 13 later decisions — most recently January 2003

9 federal appellate · 1 district · 1 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Benjamin F. Rayborn, in pro. per.

¶2Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for appellee.

¶3Before HEALY, BONE, and LEM-MON, Circuit Judges.

¶4PER CURIAM.

¶5This matter is before us upon an appeal from an order discharging a show cause order and denying appellant's petition for a writ of habeas corpus.

¶6In 1947 appellant received sentence in a United States District Court in Kentucky for a term of 30 years to run concurrently with a life sentence which he was then serving upon conviction in a Kentucky state court. The federal court ordered that he be returned to the custody of the state authorities for continuation of his life sentence. In 1952 on direction of the Attorney General he was transferred from the Kentucky State Penitentiary to the United States Penitentiary at Terre Haute, Indiana, and subsequently transferred to the penitentiary at Alcatraz. A detainer has been placed upon him by the Kentucky authorities.

¶7Appellant contends that his transfer from the state to the federal authorities, despite the sentencing court’s order that he be returned to his Kentucky confinement, was unlawful and that he is therefore entitled to be discharged *605from custody. The contention is without substance. It is the province of the Attorney General, not of the court, to determine the place of confinement. Mahoney v. Johnston, 9 Cir., 144 F.2d 663; Banghart v. Swope, 9 Cir., 175 F.2d 442.

¶8The order below is affirmed.