SCHIFFMAN v. WILKINSON

No. 14372.

216 F.2d 589 (1954)

Charles SCHIFFMAN, Appellant, v. Fred T. WILKINSON, Warden, United States Penitentiary, McNeil Island, Washington, Appellee.

United States Court of Appeals Ninth Circuit.

November 3, 1954.


Attorney(s) appearing for the Case

Jeffrey Heiman, Seattle, Wash., for appellant.

Charles P. Moriarty, U. S. Atty., Seattle, Wash., Guy A. B. Dovell, Asst. U. S. Atty., Tacoma, Wash., for appellee.

Before DENMAN, HEALY, and CHAMBERS, Circuit Judges.


HEALY, Circuit Judge.

This case is here on appeal from a denial of the writ of habeas corpus. The only substantial issue relates to the applicability or effect of § 4164, Title 18 U.S.C.A., as amended June 29, 1951, hereafter quoted.

Appellant was by the United States District Court for the Northern District of Texas sentenced to serve a term of 10 years for violation of the Federal Narcotics Act. He began service of the sentence May 6, 1942. He was conditionally...

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