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NEWCOMBE v. CARTER

No. 18856.

291 F.2d 202 (1961)

David G. NEWCOMBE, Appellant, v. Samuel L. CARTER, Chief Records Clerk, United States Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

June 12, 1961.

Attorney(s) appearing for the Case

David G. Newcombe, pro se.

Robert G. Hunt, Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before JONES and BROWN, Circuit Judges, and DE VANE, District Judge.

PER CURIAM.

The appellant, David G. Newcombe, was sentenced in the Southern District of New York to a two-year term of imprisonment. Shortly afterward he was given two sentences in the Northern District of Georgia, each for two years to run concurrently and to commence "upon the expiration of, or legal release from, the sentence" imposed in New York. He brought an action in the district court seeking a declaratory judgment that the New York sentence and the Georgia...

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