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CLARK v. SURPRENANT

No. 8552.

94 F.2d 969 (1938)

CLARK v. SURPRENANT.

Circuit Court of Appeals, Ninth Circuit.

February 21, 1938.

Attorney(s) appearing for the Case

Ben Harrison, U. S. Atty., and Howard V. Calverley, Asst. U. S. Atty., both of Los Angeles, Cal., for appellant.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

GARRECHT, Circuit Judge.

This is an appeal taken by the United States Marshal from an order of the District Court for the Southern District of California, Central Division, discharging George S. Surprenant, Jr., on a writ of habeas corpus.

The facts as they appear from the record are substantially as follows:

On his plea of guilty, appellee was sentenced by the United States District Court for the Southern District of California to

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