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HOWARD v. SMYTH,

No. 10441.

365 F.2d 428 (1966)

William HOWARD, Appellant, v. W. Frank SMYTH, Jr., Director, Virginia Division of Corrections, Appellee.

United States Court of Appeals Fourth Circuit.

Decided August 9, 1966.

Attorney(s) appearing for the Case

Wilbur C. Allen, Richmond, Va. (Court-assigned counsel) [Allen, Allen, Allen & Allen, Richmond, Va., on brief], for appellant.

Reno S. Harp, III, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and FIELD, District Judge.

SOBELOFF, Circuit Judge:

William Howard petitioned the District Court to order his release from the maximum security ward of the Virginia State Penitentiary, where he has been confined for four years, and to allow him to rejoin the rest of the prison population. After an evidentiary hearing, the District Court denied the requested relief, and Howard appealed.

Petitioner has been incarcerated in the Virginia prison system since 1956, having been sentenced for...

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