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TAYLOR v. GODWIN

No. 6365.

284 F.2d 116 (1960)

J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellant, v. Sherman A. GODWIN, Appellee.

United States Court of Appeals Tenth Circuit.

November 4, 1960.

Attorney(s) appearing for the Case

David Rubin, Washington, D. C. (Joseph M. F. Ryan, Jr., Washington, D. C., Wilbur G. Leonard, Topeka, Kan., and Harold H. Greene, Washington, D. C., were with him on the brief), for appellant.

Thomas W. Whittington, Denver, Colo., for appellee.

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

MURRAH, Chief Judge.

This appeal in a habeas corpus proceedings involves the asserted authority of the United States Board of Parole to issue a parole violator warrant for the retaking of the petitioner-appellee to serve an unexpired term of his sentence. The authority depends upon the construction of section 4205, Title 18, U. S.C., which provides in material part that "A warrant for the retaking of any United States prisoner who has violated his parole, may be issued...

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