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SMOAKE v. WILLINGHAM

No. 8553.

359 F.2d 386 (1966)

Earl X. SMOAKE, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

April 7, 1966.

Attorney(s) appearing for the Case

Sam A. Crow, Topeka, Kan., for appellant.

Ben Franklin, Topeka, Kan., for appellee.

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

BOHANON, District Judge.

Petitioner is presently incarcerated in the United States Penitentiary, Leavenworth, Kansas, from a sentence imposed by the United States District Court, Southern District of New York, for the sale of narcotics. He was sentenced February 20, 1962, for a term of five years, and Petitioner here seeks relief by writ of habeas corpus.

The learned District Judge denied the application for writ, without a hearing.

Petitioner's contention...

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