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UNITED STATES v. WARDEN, UNITED STATES PEN., LEAVENWORTH

No. 3405 H. C.

216 F.Supp. 609 (1963)

UNITED STATES of America ex rel. John ORMENTO, Petitioner, v. The WARDEN, UNITED STATES PENITENTIARY, LEAVENWORTH, KANSAS, Respondent.

United States District Court D. Kansas.

January 30, 1963.

Attorney(s) appearing for the Case

Homer Davis, Leavenworth, Kan., and Robert J. Krieger, New York City, for petitioner.

Newell A. George, U. S. Atty., and Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., for respondent.

ARTHUR J. STANLEY, Jr., Chief Judge.

This is a proceeding in habeas corpus. The petitioner raises the question as to the power of the Attorney General, acting through the Bureau of Prisons, to confine him in the United States Penitentiary at Leavenworth before an appeal from a judgment of conviction has been determined and when, pursuant to Rule 38, Federal Rules of Criminal Procedure, he has elected not to commence the service of his sentence.

At the hearing...

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