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UNITED STATES v. DUTTON

No. 7346.

74 F.2d 740 (1935)

UNITED STATES ex rel. CHERAMIE v. DUTTON, United States Marshal.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 9, 1935.

Attorney(s) appearing for the Case

Jno. W. Harrell, of New Orleans, La., for appellant.

Rene A. Viosca, U. S. Atty., Saul Stone, Asst. U. S. Atty., and William H. Norman, Sp. Asst. U. S. Atty., all of New Orleans, La., for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus and remanding the petitioner to the custody of the marshal for the Eastern District of Louisiana, for commitment to the Atlanta Penitentiary. Appellant was convicted as charged in two cases. In the first an indictment in two counts charged him with entering into a conspiracy; in one to import and transport intoxicating liquor, and in...

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