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KEEHNER v. HUMPHREY

December 14, 1949

KEEHNER
v.
HUMPHREY, Warden



The opinion of the court was delivered by: FOLLMER

Waiver of custody is a matter of comity and confers no rights upon a defendant who has violated the laws of both sovereigns. *fn1" Where a prisoner is in the custody of the State authorities, is sentenced by the Federal Court, but custody is retained by the State authorities for further service of the State sentence, he is not during such period in the custody of the Attorney General at a place of detention awaiting transportation to the place where his Federal sentence is to be served. *fn2"

 Petitioner was not sentenced in this district *fn3" and this Court would have no power to correct or reduce the sentence. Such a motion should be directed to the sentencing court.

 Leave to prosecute this action in forma pauperis is therefore denied. Leave to commence the action in forma pauperis is granted for the sole ...


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