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SIMCOX v. MADIGAN

No. 17513.

298 F.2d 742 (1962)

Roland E. SIMCOX, Petitioner, v. Paul J. MADIGAN, Warden, Federal Penitentiary, Alcatraz, California, Respondent.

United States Court of Appeals Ninth Circuit.

January 23, 1962.

Attorney(s) appearing for the Case

Robert E. Hannon, Castro Valley, Cal., for appellant.

Burke Marshall, Asst. Atty. Gen., Cecil F. Poole, U. S. Atty., San Francisco, Cal., Harold H. Greene, David Rubin, Attorneys, Dept. Justice, Washington, D. C.

Before HAMLIN and DUNIWAY, Circuit Judges, and SOLOMON, District Judge.

HAMLIN, Circuit Judge.

This is an appeal from an order denying a petition for a writ of habeas corpus entered on September 30, 1960, in the United States District Court for the Northern District of California, Southern Division.

The facts are generally undisputed. On February 9, 1952, while appellant was a member of the United States Army in Korea, he was tried by a general court-martial for disobeying orders and for striking a non-commissioned officer in...

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