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EARNEST v. MOSELEY

No. 539-69.

426 F.2d 466 (1970)

Ray EARNEST, Appellant, v. R. I. MOSELEY, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 19, 1970.

Attorney(s) appearing for the Case

Constance L. Hauver, Denver, Colo., for appellant.

Richard E. Oxandale, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., with him on the brief), for appellee.

Before LEWIS and SETH, Circuit Judges, and BRATTON, District Judge.

SETH, Circuit Judge.

This is an appeal from the United States District Court for the District of Kansas where appellant's petition for a writ of habeas corpus was denied after an evidentiary hearing.

Appellant, while on a re-mandatory release, was arrested on May 29, 1967, in Fort Madison, Lee County, Iowa. At the time of the arrest appellant was in the company of a former inmate of the United States Penitentiary at Leavenworth, Kansas. Under the conditions...

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