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FOX v. TAYLOR

No. 7986.

344 F.2d 753 (1965)

Frederick Marion FOX, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

April 23, 1965.

Attorney(s) appearing for the Case

David R. Williams, Denver, Colo., for appellant.

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

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

On December 30, 1953, the petitioner Fox entered a plea of guilty in the United States District Court for the District of Utah on two separate counts of criminal charges pending against him.1 The court suspended the imposition of sentence and placed Fox on probation for a period of five years on each count, to run consecutively, making the total probation period ten years. Approximately eight and one-half years later (May 29...

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