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WARDEN OF UNITED STATES PENITENTIARY ANNEX v. DE LONDI

No. 689.

62 F.2d 981 (1933)

WARDEN OF UNITED STATES PENITENTIARY ANNEX AT FT. LEAVENWORTH, KAN., v. DE LONDI.

Circuit Court of Appeals, Tenth Circuit.

January 9, 1933.

Attorney(s) appearing for the Case

S. M. Brewster, U. S. Atty., and Erskine Wyman, Asst. U. S. Atty., both of Topeka, Kan., for appellant.

Wm. T. Alford and W. G. Lynch, both of Kansas City, Mo., for appellee.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

COTTERAL, Circuit Judge.

This appeal presents for review a final order or judgment of the United States District Court of Kansas, discharging the appellee from custody of the warden of the penitentiary. The court discharged the prisoner because no record of the judgment of conviction appeared in the proceedings.

The appellee alleges in his petition that he was taken under a commitment to the federal penitentiary at Atlanta and afterwards transferred to the...

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