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FOUNTAINE v. CROUSE

No. 7753.

337 F.2d 378 (1964)

George A. FOUNTAINE, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 4, 1964.

Attorney(s) appearing for the Case

Gary H. Hemminger, Denver, Colo., for appellant.

Richard H. Seaton, Asst. Atty. Gen. of Kansas (William M. Ferguson, Atty. Gen. of Kansas, on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

PER CURIAM.

Appellant Fountaine appeals from a judgment which, after a hearing, denied habeas corpus relief. He is confined in the Kansas state penitentiary under a 30-year sentence imposed for violation of the Kansas habitual criminal statute (Kan.G.S.1949, § 21-107a) imposed on April 27, 1960. He contends that the sentence was contrary to Kansas law. The same argument was presented to the Kansas Supreme Court in State v. Fountaine, 188 Kan....

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