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BLEDSOE v. JOHNSTON

No. 11714.

164 F.2d 481 (1948)

BLEDSOE v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

January 12, 1948.

Attorney(s) appearing for the Case

Billy Bernard Bledsoe, in pro. per., for appellant.

Frank J. Hennessy U. S. Atty., and Joseph Karesh, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.

PER CURIAM.

Appellant, sentenced to two successive five-year terms of imprisonment in Alcatraz Penitentiary, while there in custody, filed his petition for a writ of habeas corpus against the appellee Warden, which writ was denied. He then perfected his appeal here. Thereafter he was released because of his good conduct.

Appellee contends that appellant is not in his custody and hence the appeal must be dismissed...

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