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SANFORD v. ZEFF

No. 9538.

114 F.2d 1018 (1940)

Joseph W. SANFORD, Warden, United States Penitentiary, Atlanta, Ga., Appellant, v. Joseph ZEFF, Appellee.

Circuit Court of Appeals, Fifth Circuit.

October 26, 1940.

Attorney(s) appearing for the Case

Lawrence S. Camp, U. S. Atty., and Harvey H. Tisinger, Asst. U. S. Atty., both of Atlanta, Ga., for appellant.

Hal Lindsay and Morris Brandon, Jr., both of Atlanta, Ga., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

PER CURIAM.

The effect of the judgment of the District Court, 31 F.Supp. 736, is to enable the trial court to resentence the prisoner upon a re-examination of the facts concerning him in his presence. Under the peculiar circumstances of this case we affirm that disposition of it.

Judgment...

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