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WARD v. LOONEY

No. 5817.

256 F.2d 180 (1958)

Fred WARD, Appellant, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

May 29, 1958.

Attorney(s) appearing for the Case

No appearance for appellant, (Roy Cook, Kansas City, Kan., submitted a brief on behalf of appellant).

A. I. West, Asst. U. S. Atty., Topeka, Kan. (William C. Farmer, U. S. Atty., and E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan., were with him on the brief), for appellee.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

PER CURIAM.

This is an appeal from an order dismissing an application for a writ of habeas corpus and remanding the petitioner to the custody of the Warden of the United States Penitentiary at Leavenworth, Kansas. The alleged ground for the writ is that the different four year sentences for which the petitioner is now being held are so indefinite and ambiguous that it cannot be determined with reasonable certainty that they are to be served consecutively, therefore...

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