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BIRCH v. ANDERSON

No. 19323.

358 F.2d 520 (1965)

Keyworth C. BIRCH, Jr., Appellant, v. Sam A. ANDERSON, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided by Judgment Entered October 29, 1965.

Opinion Rendered December 9, 1965.

Attorney(s) appearing for the Case

Mr. John M. Rommel, Washington, D. C. (appointed by this court), for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., for appellee. Mr. David C. Acheson, U. S. Atty., at the time the brief was filed, Messrs. Frank Q. Nebeker and Oscar Altshuler, Asst. U. S. Attys., and Mr. Patrick H. Corcoran, Asst. U. S. Atty., at the time the brief was filed, were on the brief for appellee.

Before FAHY, WRIGHT and TAMM, Circuit Judges.

FAHY, Circuit Judge:

This opinion contains a fuller statement of the reasons for our judgment of October 29, 1965, which placed in effect our decision that appellee, Superintendent of the District of Columbia Jail, could not validly retain custody of appellant under the authority claimed in this case.

On September 17, 1959, the United States District Court for the Southern District of Texas sentenced appellant to five years imprisonment for violations of the...

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