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MEYERS v. HUNTER

No. 3420.

160 F.2d 344 (1947)

MEYERS v. HUNTER, Warden.

Circuit Court of Appeals, Tenth Circuit.

February 24, 1947.

Attorney(s) appearing for the Case

Ben Bozeman, of Denver, Colo. (Harold Taft King, of Denver, Colo., on the brief), for appellant.

Randolph Carpenter, U. S. Atty., and Eugene W. Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

An indictment returned in the United States Court for Northern Texas charged H. L. Meyers with attempted robbery of a national bank. Conviction was had, and on October 12, 1936, the court imposed a sentence of twenty-five years imprisonment in the federal penitentiary at Leavenworth, Kansas. After serving a portion of the sentence, the defendant filed in the case a motion challenging the sentence on the ground that the maximum penalty for the...

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