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ORTEGA v. PATTERSON

No. 8369.

354 F.2d 691 (1965)

Fred Nash ORTEGA, Appellant, v. Wayne K. PATTERSON, Warden, Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

December 16, 1965.

Attorney(s) appearing for the Case

Charles E. Wade, Jr., Oklahoma City, Okl., for appellant.

James W. Creamer, Jr., Asst. Atty. Gen. (Duke W. Dunbar, Atty. Gen., and Frank E. Hickey, Deputy Atty. Gen., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

PER CURIAM.

The district court denied habeas corpus relief to appellant-petitioner who is confined in the Colorado penitentiary under a 1958 sentence imposed after his plea of guilty to a burglary charge. The sentence ordered confinement in the Colorado reformatory. Petitioner was transferred from that institution to the penitentiary by order of the governor. The contention is that the statute under which the transfer was...

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