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GASKINS v. KENNEDY

No. 9863.

350 F.2d 311 (1965)

Thomas GASKINS, Appellant, v. The Honorable Robert F. KENNEDY, Attorney General, and Kermit A. Weakley, Superintendent, D. C. Reformatory, Lorton, Virginia, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 2, 1965.

Attorney(s) appearing for the Case

Harvey B. Cohen, Arlington, Va. (Court-assigned counsel) [Tolbert, Lewis & Fitzgerald, Arlington, Va., on brief], for appellant.

MacDougal Rice, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellees.

Before BOREMAN and J. SPENCER BELL, Circuit Judges, and BUTZNER, District Judge.

J. SPENCER BELL, Circuit Judge:

This appeal is from an order of the District Court for the Eastern District of Virginia dismissing a petition for a writ of habeas corpus without an evidential hearing. The district court entertained the habeas petition filed on June 29, 1964, and required the United States to make a return showing why the writ should not be granted. Thereafter the court, being of the opinion that the petitioner, Thomas Gaskins, was lawfully confined...

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