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LOONEY v. LENZ

No. 4936.

217 F.2d 841 (1954)

C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellant, v. Elmer S. LENZ, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 2, 1955.

Attorney(s) appearing for the Case

Milton P. Beach, Asst. U. S. Atty., Oskaloosa, Kan. (William C. Farmer, U. S. Atty., Wichita, Kan., and Selby S. Soward, Asst. U. S. Atty., Topeka, Kan., were with him on the brief), for appellant.

Malcolm D. Crawford, Denver, Colo. (Phelps & Wittelshofer, Denver, Colo., were with him on the brief), for appellee.

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

PHILLIPS, Chief Judge.

This is an appeal by Looney, Warden of the United States Penitentiary, at Leavenworth, Kansas, from an order releasing Lenz from custody of the Warden on a writ of habeas corpus.

Lenz was sentenced to confinement for a period of 4 years and 9 months, from October 15, 1945. He was released on parole June 28, 1947, with 1112 days of such sentence unserved.

While at large as a parolee, Lenz was convicted for another Federal offense...

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