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REESE v. LOONEY

No. 5762.

252 F.2d 683 (1958)

Raymond Leonard REESE, Appellant, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

February 4, 1958.

Attorney(s) appearing for the Case

Robert Feiring, Kansas City, Kan. (Raymond Leonard Reese submitted a brief per se), for appellant.

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

Before BRATTON, Chief Judge, PICKETT, Circuit Judge, and RICE, District Judge.

PICKETT, Circuit Judge.

This habeas corpus proceeding raises the question of whether a Court Martial sentence runs concurrently with two civil court sentences which were imposed after the petitioner had escaped from the military authorities while awaiting transfer to the Attorney General of the United States for the purpose of serving a four year military sentence in a United States penal institution.1 The trial court held that the sentences...

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