NIVENS v. HUDSPETH

No. 2468.

128 F.2d 15 (1942)

NIVENS v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

May 11, 1942.


Attorney(s) appearing for the Case

Robert M. Rainey, Jr., of Oklahoma City, Okl., for appellant.

Homer Davis, Asst. U. S. Atty., of Topeka, Kan. (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

Petitioner, Claud Nivens, has appealed from a decision of the District Court of the United States for the District of Kansas denying his application for writ of habeas corpus, by which he seeks release from the federal penitentiary at Leavenworth, Kansas, where he is confined under judgment and sentence of conviction from the District Court of the United States for the Northern District of Texas. The ground on which he seeks release is that...

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