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BARKAN v. TAYLOR

No. 7655.

333 F.2d 420 (1964)

Bernard R. BARKAN, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

June 15, 1964.

Attorney(s) appearing for the Case

Allen D. Evans, Oklahoma City, Okl., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., with him on brief), for appellee.

Before MURRAH, Chief Judge, and HILL, Circuit Judge, and ARRAJ, District Judge.

PER CURIAM.

In this application to the District Court of Kansas for a writ of habeas corpus, the petitioner complains of the failure of the sentencing court in the Southern District of Illinois to afford him an opportunity to speak in his own behalf, as required by Rule 32(a), Federal Rules of Criminal Procedure. The District Court denied the writ on the ground that the same matter had been presented and decided adversely to the petitioner by the sentencing court...

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