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JENKINS v. UNITED STATES

No. 18783.

293 F.2d 96 (1961)

William Ernest JENKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

August 16, 1961.

Attorney(s) appearing for the Case

William Ernest Jenkins, Alcatraz, Cal., for appellant.

Charles D. Read, Jr., U. S. Atty., J. Robert Sparks, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before CAMERON and WISDOM, Circuit Judges, and THOMAS, District Judge.

PER CURIAM.

Appellee Jenkins was convicted by a jury of a criminal offense committed while he was serving a sentence under a previous conviction, in the federal penitentiary in Atlanta. March 22, 1956, he was sentenced to serve one year and one day after the expiration of the sentence he was already serving, this being substantially the minimum allowable sentence.1 More than four years later he moved in the same court, under 28 U.S.C....

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