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WATKINS v. MERRY

No. 1859.

106 F.2d 360 (1939)

WATKINS v. MERRY, Superintendent of U. S. Reformatory.

Circuit Court of Appeals, Tenth Circuit.

August 14, 1939.

Attorney(s) appearing for the Case

Laynie W. Harrod, of Oklahoma City, Okl., for appellant.

George H. McElroy, Asst. U. S. Atty., of Oklahoma City, Okl. (Charles E. Dierker, U. S. Atty., of Shawnee, Okl., and Wade H. Loofbourrow, Asst. U. S. Atty., of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

Watkins pleaded guilty to an indictment returned in the United States District Court for the Southern Division of the Southern District of California charging a violation of 18 U.S.C.A. § 317. On January 17, 1936, the District Judge pronounced the following sentence:

"It is the judgment of the court that defendant Lee Watkins be imprisoned for the term and period of five (5) years in a Federal penitentiary to be hereafter designated...

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