KLINGLER v. ERICKSON

Civ. 71-33S.

328 F.Supp. 674 (1971)

Ralph LeRoy KLINGLER, Petitioner, v. Donald R. ERICKSON, as the duly appointed, qualified and acting Warden of the South Dakota State Penitentiary, Respondent.

United States District Court, D. South Dakota, S. D.

July 13, 1971.


Attorney(s) appearing for the Case

Michael A. Lyons, of John L. Wilds Law Office, Sioux Falls, S. D., for petitioner.

R. D. Hurd, Asst. U. S. Atty., Sioux Falls, S. D., for the United States.


MEMORANDUM DECISION.

NICHOL, Chief Judge.

On January 4, 1968, petitioner was convicted by a jury of interstate transportation of a firearm by a convicted felon in violation of 15 U.S.C. Sec. 902(e). At the time of his trial in federal court petitioner was serving a ten year state sentence for armed robbery. Upon his conviction of violating 15 U.S. C. Sec. 902(e), petitioner received a four year sentence which is to run consecutively to the state court sentence...

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