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McDONALD v. LOONEY

No. 5442.

238 F.2d 844 (1956)

Walter McDONALD, Appellant, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

November 23, 1956.

Attorney(s) appearing for the Case

Walter McDonald, pro se.

E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan. (William C. Farmer, U. S. Atty., Topeka, Kan., and Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., on the brief), for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

PER CURIAM.

This is an appeal from an order discharging a writ of habeas corpus and dismissing the application for the writ.

On January 25, 1939, McDonald1 was convicted on six counts of an indictment charging violations of 12 U.S.C.A. § 588b(a) and (b). On the following day he was sentenced to imprisonment for a term of 35 years.

On November 19, 1942, the petitioner filed a motion for vacation of the sentence on the...

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