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KENNEDY v. COMMANDANT, U. S. DISCIPLINARY BARRACKS

No. 4098 H. C.

258 F.Supp. 967 (1966)

Patrick R. KENNEDY, Petitioner, v. COMMANDANT, UNITED STATES DISCIPLINARY BARRACKS FORT LEAVENWORTH, KANSAS, Respondent.

United States District Court D. Kansas.

October 14, 1966.

Attorney(s) appearing for the Case

L. D. McDonald, Jr., Kansas City, Kan., and J. Whitfield Moody, Kansas City, Mo., for petitioner.

F. Russell Millin, U. S. Atty., and John Kapnistos and Clifford M. Spottsville, Asst. U. S. Attys., Kansas City, Mo., Abraham Nemrow, Lt. Col., JAGC, Dept. of the Army, and Bruce E. Stevenson, Maj., JAGC, Dept. of the Army, Washington, D. C., for respondent.

OPINION

ARTHUR J. STANLEY, Jr., Chief Judge.

In this habeas corpus proceeding, transferred from the United States District Court for the Western District of Missouri, the facts are not disputed. The petitioner is now in the custody of the respondent by authority of two convictions by two separate special courts-martial, each resulting in a sentence of confinement for a period of six months and forfeiture of pay. He is presently serving the sentence imposed...

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