HAYES v. TAYLOR

No. 7452.

324 F.2d 727 (1963)

Russell L. HAYES, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

December 2, 1963.


Attorney(s) appearing for the Case

James M. Little, Oklahoma City, Okl., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., was with him on the brief) for appellee.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.


LEWIS, Circuit Judge.

Petitioner appeals from an order denying his application for a writ of habeas corpus. The background facts are not in dispute.

Petitioner was convicted of a violation of 26 U.S.C.A. 7206, was sentenced to six years, and commenced service of such sentence on March 8, 1957. On July 31, 1961, petitioner received mandatory release with 584 days remaining of the sentence. Expiration of his sentence less 180 days, was thus September 8, 1962...

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