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GIBSON v. LOONEY

No. 5847.

258 F.2d 879 (1958)

John Buford GIBSON, Appellant, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

August 22, 1958.

Attorney(s) appearing for the Case

Roger Cisneros, Denver, Colo., for appellant.

John Buford Gibson, pro se.

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

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

This appeal is from an order discharging a writ of habeas corpus and remanding the petitioner to the custody of the Warden of the United States Penitentiary at Leavenworth, Kansas.

The facts are not in dispute. The petitioner was sentenced to four years imprisonment in May, 1939, and escaped while serving this sentence. After apprehension in January, 1940, he was sentenced to five years imprisonment for...

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