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YATES v. LOONEY

No. 5701.

250 F.2d 956 (1958)

Emil R. YATES, Appellant, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

January 6, 1958.

Attorney(s) appearing for the Case

Martin S. Rogers, Tucson, Ariz., for appellant.

Charles W. Ward, Topeka, Kan. (William C. Farmer, U. S. Atty., Topeka, Kan., and Milton P. Beach, Kansas City, Kan., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

PICKETT, Circuit Judge.

Emil R. Yates, an inmate of the United States Penitentiary at Leavenworth, Kansas, brought this habeas corpus proceeding alleging that he had served his sentence and was entitled to be discharged. Relying upon Hunter v. Facchine, 10 Cir., 195 F.2d 1007, he argued that as he was conditionally released prior to the time authorized by statute, while serving his five year...

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