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HENLEY v. HERITAGE

No. 21381.

337 F.2d 847 (1964)

James C. HENLEY, Appellant, v. D. M. HERITAGE, Warden, U. S. Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

October 26, 1964.

Attorney(s) appearing for the Case

Chester E. Wallace, Atlanta, Ga., for appellant.

Julius M. Hulsey, Asst. U. S. Atty., Gus L. Wood, Asst. U. S. Atty., Atlanta, Ga., Charles L. Goodson, U. S. Atty., for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and WHITEHURST, District Judge.

BELL, Circuit Judge:

This is an appeal from the denial of a writ of habeas corpus. Henley was convicted in 1960 in the United States District Court, Middle District of Tennessee, on three separate indictments of burglarizing United States Post Offices. The court orally pronounced sentence as follows:

"In the case of James Carson Henley, in Case No. 12,860, it is the judgment of the Court that he be committed to the...

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