MITCHELL v. KENNEDY

No. 7995.

344 F.2d 935 (1965)

John P. MITCHELL, Appellant, v. Robert F. KENNEDY, U. S. Attorney General, and J. C. Taylor, Warden, United States Penitentiary, Appellees.

United States Court of Appeals Tenth Circuit.

April 19, 1965.


Attorney(s) appearing for the Case

Ray M. Solot, Denver, Colo., for appellant.

James R. Robinson, Lt. Colonel, JAGC, Office of Judge Advocate General (Newell A. George, U. S. Atty., Benjamin E. Franklin, Asst. U. S. Atty., and Abraham Nembrow, Lt. Colonel, JAGC, Office of Judge Advocate General, on the brief), for appellees.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

This is an appeal from a denial of a petition for habeas corpus.

As a preliminary matter the appellant urges the necessity of adding the Board of Parole as an additional party here. 18 U.S.C. § 4203 expressly provides that custody and control of parolees shall be in the Attorney General, who has entered an appearance here through counsel, therefore, there is no need for the Board of Parole to become a party.

The undisputed...

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