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UNITED STATES v. KIPP

No. 11614.

232 F.2d 147 (1956)

UNITED STATES of America ex rel. Marvin MOSES, Petitioner Appellee, v. William W. KIPP, Sr., United States Marshal, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

April 17, 1956.

Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., Chicago, Ill., John Peter Lulinski, William T. Hart, Asst. U. S. Attys., Chicago, Ill., of counsel, for appellant.

Joseph E. Clayton, Jr., Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and SWAIM and SCHNACKENBERG, Circuit Judges.

DUFFY, Chief Judge.

This is an appeal from an order granting a petition for a writ of habeas corpus and discharging the Relator, Marvin Moses, from the custody of the United States Marshal.

On January 8, 1954, Marvin Moses was indicted in the United States District Court for the Northern District of Illinois, for the unlawful purchase and possession of 82.19 ounces of heroin in violation of Section 2553(a) Title 26, U. S.Code. After arrest Moses was released...

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