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FITTS v. WILLINGHAM

No. 8592.

359 F.2d 790 (1966)

John Thomas FITTS, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

April 19, 1966.

Attorney(s) appearing for the Case

Robert M. Brown, Topeka, Kan., for appellant.

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

Before HILL and SETH, Circuit Judges, and BOHANON, District Judge.

HILL, Circuit Judge.

Appellant was tried and convicted in the District of Kansas under 18 U.S.C.A. § 2312, commonly known as the Dyer Act. An appeal followed and this court affirmed the conviction.1 Thereafter, he filed a petition for a writ of habeas corpus in the same court, which the court considered as a motion under 28 U.S.C.A. § 2255. On the basis of the pleadings, files and records...

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