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TUBBS v. UNITED STATES

No. 5660.

249 F.2d 37 (1957)

Joe TUBBS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

October 14, 1957.

Attorney(s) appearing for the Case

Richard L. Eason, Denver, Colo., for appellant.

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

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

Appellant, serving a ten-year sentence imposed by the United States District Court for the Southern District of Texas at the United States Penitentiary in Leavenworth, Kansas, sought a hearing in the United States District Court for the District of Kansas upon his petition for habeas corpus. The court denied the petition without hearing, setting forth in its order that petitioner's claim for release from federal custody was based upon the same matters...

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