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MacKENNA v. AVERY

No. 18989.

404 F.2d 71 (1968)

Edward Morgan MacKENNA, Petitioner-Appellant, v. Harry S. AVERY, Commissioner of Correction and Chairman of Board of Pardons and Paroles, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

December 6, 1968.

Attorney(s) appearing for the Case

Edward Morgan MacKenna, in pro. per.

James M. Tharpe, Memphis, Tenn., Special Counsel for the State of Tennessee, on brief for appellee.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.

PER CURIAM.

Appellant pleaded guilty to a charge of automobile theft and was sentenced to five years' imprisonment in the Criminal Court of Shelby County, Tennessee, on December 15, 1966. He is presently confined in the Tennessee State Penitentiary at Nashville.

Appellant filed a petition for a writ of habeas corpus in the District Court, in which he complained of the action of the Tennessee Parole Board on May 28, 1968, in denying him parole. He asserted...

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