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WEBER v. WILLINGHAM

No. 8426.

356 F.2d 933 (1966)

Isaac WEBER, Appellant, v. J. T. WILLINGHAM, Warden, Appellee.

United States Court of Appeals Tenth Circuit.

February 16, 1966.

Attorney(s) appearing for the Case

Richard W. Breithaupt, Denver, Colo., for appellant.

James R. Ward, Topeka, Kan. (Newell A. George, Topeka, Kan., was with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.

PER CURIAM.

The petitioner on conviction of the narcotic laws (21 U.S.C. § 174) was sentenced to a term of 10 years. Section 7237(d), Title 26 U.S.C. provides in substance that upon conviction of offenses under the narcotic laws "the imposition or execution of sentence shall not be suspended, probation shall not be granted" nor shall Section 4202, Title 18 U.S.C. relative to "released on parole after serving one-third...

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