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DOWNEY v. TAYLOR

No. 7503.

327 F.2d 660 (1964)

Sammy Joe DOWNEY, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

February 4, 1964.

Attorney(s) appearing for the Case

Sandy Frederick Kraemer, Colorado Springs, Colo., for appellant.

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

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

PER CURIAM.

The appeal is from an order denying appellant's petition for a writ of habeas corpus.

The record shows that in 1958 appellant was convicted under the Dyer Act, 18 U.S.C.A. § 2311 et seq., in the Western District of Missouri and received a five year institutional sentence. In 1960, while serving that sentence, he escaped from custody and, after being apprehended, received an eighteen month sentence...

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