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OSBORNE v. TAYLOR

No. 7486.

328 F.2d 131 (1964)

Kethel OSBORNE, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 2, 1964.

Attorney(s) appearing for the Case

Richard L. Harring, Denver, Colo. (Calkins, Rodden & Kramer, Denver, Colo., on the brief), for appellant.

Joseph J. DeFrancesco, Office of The Judge Advocate General, Washington, D. C. (Newell A. George, U. S. Atty., Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., and Abraham Nemrow, Office of The Judge Advocate General, Washington, D. C., on the brief), for appellee.

Before LEWIS and SETH, Circuit Judges, and KERR, District Judge.

PER CURIAM.

Appellant filed a petition for a writ of habeas corpus and a hearing was held with appellant present and represented by counsel. The trial court ordered the petition dismissed, and petitioner has appealed.

Appellant was in the United States Army and on active duty when he was court-martialed and sentenced to a dishonorable discharge and to be confined at hard labor for three years. While serving this sentence in military custody he committed another...

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