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MADIGAN v. WELLS

No. 14496.

224 F.2d 577 (1955)

Paul J. MADIGAN, Warden, United States Penitentiary, Alcatraz, California, Appellant, v. Selvie W. WELLS, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 22, 1955.

Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., Richard H. Foster, Asst. U. S. Atty., San Francisco, Cal., for appellant.

Morris M. Grupp, Albert E. Polonsky, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and HEALY and BONE, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from an order entered by the United States District Court for the Northern District of California, Southern Division, two judges acting, granting Wells' application for a writ of habeas corpus and ordering Wells discharged from custody.

After a plea of guilty, Wells, in 1938, was sentenced to prison by the United States District Court for the Western District of Texas. So far as we are concerned, appellee was sentenced...

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