STEWART v. UNITED STATES BOARD OF PAROLE

No. 6550.

285 F.2d 421 (1960)

James W. STEWART, Appellant, v. UNITED STATES BOARD OF PAROLE; J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

November 28, 1960.


Attorney(s) appearing for the Case

Charles H. Rooney, Topeka, Kan., filed a brief for appellant.

Wilbur G. Leonard, U. S. Atty., Topeka, Kan., filed a brief for appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge.


PER CURIAM.

Petitioner-appellant was tried by a General Court Martial for the offense of rape, was convicted and sentenced to be hanged. By successive executive actions the sentence was commuted to a term of 18 years, and he was committed to the federal penitentiary for service of the sentence. Upon allowance of good time under 18 U.S.C. § 4161 petitioner was conditionally released as if on parole under 18 U.S.C. § 4164. While in parole status he was retaken...

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