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HYDE v. KENNEDY

No. 17493.

300 F.2d 841 (1962)

Eugene N. HYDE, Appellant, v. Robert KENNEDY, Attorney General, Preston Smith, Warden, Appellees.

United States Court of Appeals Ninth Circuit.

April 2, 1962.

Attorney(s) appearing for the Case

Marcia King, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Donald A. Fareed, Asst. U. S. Atty., Chief of Civil Division, and Robert A. Smith, Asst. U. S. Atty., Los Angeles, Cal., for appellees.

Before HAMLIN and MERRILL, Circuit Judges, and WALSH, District Judge.

HAMLIN, Circuit Judge.

On January 4, 1954, Eugene N. Hyde, petitioner herein, was sentenced to four years' imprisonment by the United States District Court for the District of Nevada. On July 5, 1955, he was paroled. On June 8, 1960, he was returned to prison as a parole violator and is now confined therein. On July 20, 1961, he applied to the United States District Court for the Southern District of California for a writ of habeas corpus, contending that he was entitled...

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