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WALKER v. TAYLOR

No. 7887.

338 F.2d 945 (1964)

Melvin WALKER, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

December 8, 1964.

Attorney(s) appearing for the Case

James A. Jennings, Oklahoma City, Okl., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., and James R. Ward, Asst. U. S. Atty., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, United States Circuit Judges.

PER CURIAM.

Appellant has appealed from an order dismissing his petition for a writ of habeas corpus without a hearing. The facts are not in dispute and only questions of law are presented.

Walker received a five year federal sentence on April 18, 1961, and was committed to the custody of the Attorney General. Shortly thereafter he received a "Sentence Notice To Inmate" by which he was advised that he would be eligible for parole on December 17, 1962. Subsequent...

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