BONGIORNO v. MOSELEY

No. 237-70.

431 F.2d 1175 (1970)

Joseph James BONGIORNO, Jr., Appellant, v. R. I. MOSELEY, Warden, Appellee.

United States Court of Appeals, Tenth Circuit.

September 9, 1970.


Attorney(s) appearing for the Case

James M. O'Hara, Denver, Colo., for appellant.

Edward H. Funston, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., and Richard L. Meyer, Asst. U. S. Atty., with him on the brief), for appellee.

Before BREITENSTEIN, SETH and HOLLOWAY, Circuit Judges.


PER CURIAM.

This is an appeal from a denial of appellant's petition for a writ of habeas corpus. The trial court did not hold a hearing but acted instead on the petitioner and records before it. The petitioner asserts that his constitutional rights were violated because an attorney was not appointed for him to appear at a federal parole revocation hearing, and because no proper hearing was ever held.

The petitioner was sentenced in 1959 for a term of twelve...

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