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UNITED STATES v. DILLARD

No. 4402.

102 F.2d 94 (1939)

UNITED STATES ex rel. NICHOLSON v. DILLARD.

Circuit Court of Appeals, Fourth Circuit.

March 6, 1939.

Attorney(s) appearing for the Case

Aaron E. Gottshall, Atty., Department of Justice, of Washington, D. C., and James P. O'Brien, Sp. Asst. to Atty. Gen. (Sterling Hutcheson, U. S. Atty., and John V. Cogbill, Asst. U. S. Atty., both of Richmond, Va., and Dan M. Jackson, Sp. Asst. to Atty. Gen., on the brief), for appellant.

No appearance for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and WYCHE, District Judge.

PARKER, Circuit Judge.

This is an appeal in a habeas corpus proceeding from an order discharging one Robert B. Dillard from the custody of the Superintendent of the Federal Reformatory Camp at Petersburg, Va. On Nov. 23, 1933 Dillard was sentenced to a three year term in prison by the United States District Court for the Southern District of West Virginia and was confined in the Atlanta Penitentiary. On January 26, 1936, being entitled to a deduction of 252 days for...

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