MOOREHEAD v. HUNTER

No. 4463.

198 F.2d 52 (1952)

MOOREHEAD v. HUNTER, Warden, et al.

United States Court of Appeals Tenth Circuit.

July 1, 1952.


Attorney(s) appearing for the Case

John P. Holloway, Denver, Colo., for appellant.

Ernest J. Rice, Ass't U. S. Atty., Topeka, Kan. (Lester Luther, U. S. Atty., Topeka, Kan., on the brief), for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

This is an appeal from the judgment of the trial court, discharging a writ of habeas corpus and remanding appellant to the custody of Walter A. Hunter, Warden of the Federal Penitentiary at Leavenworth, Kansas. The facts are these. On June 7, 1946, appellant was committed to serve a three year sentence for violation of the Dyer Act [1948 Revised Criminal Code, 18 U.S.C.A. § 2311 et seq.]. The maximum...

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