BANDY v. WILLINGHAM

No. 9934.

398 F.2d 333 (1968)

Roger S. BANDY, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas; and United States Attorney General, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 22, 1968.


Attorney(s) appearing for the Case

Newell A. George, U. S. Atty., and Benjamin E. Franklin, Asst. U. S. Atty., for appellees.

Roger S. Bandy, pro se.

Before MURRAH, Chief Judge, and HILL, Circuit Judge.


PER CURIAM.

Bandy was sentenced in 1959 by the United States District Court for the District of North Dakota to five years imprisonment and five years probation. He immediately filed a notice of appeal and signed a written election not to commence service of sentence pursuant to the then Rule 38(a) (2), Federal Rules of Criminal Procedure. The conviction was affirmed on appeal, Bandy v. United States, 296 F.2d 882 (8th Cir. 1961)...

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