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SMITH v. BLACKWELL

No. 23231.

367 F.2d 539 (1966)

Joseph Orton SMITH, Appellant, v. Olin G. BLACKWELL, Warden, United States Penitentiary, Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

October 12, 1966.

Attorney(s) appearing for the Case

F. D. Hand, Jr., Asst. U. S. Atty., Charles L. Goodson, U. S. Atty., for appellee.

Before RIVES, BELL and THORNBERRY, Circuit Judges.

PER CURIAM:

This appeal is from an order denying appellant's petition for writ of habeas corpus.

On December 19, 1955, in the Western Division of the Western District of Tennessee, appellant was sentenced to imprisonment for 3½ years for a Dyer Act violation. 18 U.S.C. § 2312. Appellant was paroled on September 22, 1957, with 634 days of his sentence remaining to be served. On October 3, 1957, appellant was sentenced by a state court to a state penal...

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