FOSTER, Circuit Judge.
This is an appeal by the warden from a judgment ordering the release of appellee from the Atlanta Penitentiary on writ of habeas corpus.
It appears that appellee was convicted on an indictment in three counts returned in the District Court for the Western District of North Carolina. All counts charged an attempt to rob a postal clerk. On the first and second counts he was sentenced to serve 25 years, but, as the sentences were suspended...
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