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BAKER v. HUNTER

No. 2891.

142 F.2d 615 (1944)

BAKER v. HUNTER, Warden, United States Penitentiary, Leavenworth, Kan.

Circuit Court of Appeals, Tenth Circuit.

May 10, 1944.

Attorney(s) appearing for the Case

A. G. Bush, of Davenport, Iowa, for appellant.

Eugene W. Davis, Asst. U. S. Atty., of Topeka, Kan. (George H. West, U. S. Atty., and Lester Luther, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

By this proceedings in habeas corpus, the appellant, Norman G. Baker, seeks to obtain his release from the custody of the Warden of the Federal Penitentiary at Leavenworth, Kansas, contending that time spent in the county jail of Pulaski County, Arkansas, pending appeal and affirmance of his conviction, should be applied and credited to the sentence imposed. If the fourteen months during which he remained in the county jail is applied to the...

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