TAYLOR v. SIMPSON

No. 6675.

292 F.2d 698 (1961)

J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellant, v. David Lee SIMPSON, Appellee.

United States Court of Appeals Tenth Circuit.

June 23, 1961.


Attorney(s) appearing for the Case

Howard A. Glickstein, Atty., Dept of Justice, Washington, D. C. (Burke Marshall, Asst. Atty. Gen., Newell A. George, U. S. Atty., Kansas City, Kan., and Harold H. Greene, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

No appearance for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.


PHILLIPS, Circuit Judge.

This is an appeal from an order entered in a habeas corpus proceeding discharging Simpson from the custody of Taylor, Warden of the United States Penitentiary at Leavenworth, Kansas.

On December 5, 1947, Simpson was convicted upon a plea of guilty to an information charging him with a violation of 18 U.S.C. § 73, 1940 Ed.,* and sentenced to the custody of the Attorney General for a period of six years...

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