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LUPO v. ZERBST

No. 8471.

92 F.2d 362 (1937)

LUPO v. ZERBST, Warden, et al.

Circuit Court of Appeals, Fifth Circuit.

October 19, 1937.

Attorney(s) appearing for the Case

Clint W. Hager and Eugene L. Tiller, both of Atlanta, Ga., for appellant.

Bates Booth, Sp. Asst. to Atty. Gen., Gordon Dean, Sp. Executive Asst. to Atty. Gen., and Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger and Hiram T. Nichols, Asst. U. S. Attys., all of Atlanta, Ga., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

Appellant was convicted of the crime of counterfeiting, in the United States District Court for the Southern District of New York, on February 19, 1910, and sentenced to serve a term of 30 years in the federal penitentiary at Atlanta. On February 21, 1910, he entered upon his sentence and served time uninterruptedly until June 30, 1920, on which date he was released on parole.

On October 29, 1921, the President granted him what is styled...

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