BOWERS v. DISHONG

No. 9030.

103 F.2d 464 (1939)

BOWERS v. DISHONG, U. S. Marshal.

Circuit Court of Appeals, Fifth Circuit.

April 28, 1939.


Attorney(s) appearing for the Case

Jack Kehoe, of Miami, Fla., for appellant.

Herbert S. Phillips, U. S. Atty., of Tampa, Fla., Lloyd C. Hooks, Asst. U. S. Atty., of Miami, Fla., and W. A. Paisley and Damon G. Yerkes, Asst. U. S. Attys., both of Jacksonville, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

Held under a Parole Board warrant directing his arrest and return to the Penitentiary, appellant, released from the United States Penitentiary at Atlanta as a conditional releasee, with 144 days good time, sought by the writ of habeas corpus, to have the District Judge try, whether he had in fact violated the conditions of his release, and was therefore subject to arrest and return.

The Marshal, in his return to the writ, by motion...

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