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VITALE v. HUNTER

No. 1730 H.C.

108 F.Supp. 826 (1952)

VITALE v. HUNTER, Warden, U. S. Penitentiary, Leavenworth, Kan.

United States District Court D. Kansas.

December 22, 1952.

Attorney(s) appearing for the Case

Marion Beatty, Topeka, Kan., Fred G. Mancuso, Kansas City, Mo. and Joseph M. Bonuso, Washington, D. C., for petitioner.

Eugene W. Davis, U. S. Atty., Ernest J. Rice, Asst. U. S. Atty. and Robert H. Bingham, Asst. U. S. Atty., all of Topeka, Kan., for respondent.

MELLOTT, Chief Judge.

Petitioner, before the court under a writ of habeas corpus, assails the validity of his detention by the warden of the United States Penitentiary at Leavenworth, Kansas. The response shows he is being held under two commitments issued by the District Court of the United States for the Eastern-District of Michigan, Eastern Division, on March 25, 1937, following pleas of guilty to illegal purchase and possession of narcotic drugs (Case No. 24014...

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