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FITTS v. UNITED STATES

No. 684-69.

439 F.2d 769 (1971)

John Thomas FITTS, Appellant, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals, Tenth Circuit.

April 5, 1971.

Attorney(s) appearing for the Case

Charles H. Booth, Denver, Colo., for appellant.

Richard L. Meyer, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., on the brief) for appellees.

Before LEWIS, Chief Judge, and BREITENSTEIN and McWILLIAMS, Circuit Judges.

PER CURIAM.

Appellant appeals from denial of his petition for a writ of habeas corpus and seeks release from the United States Penitentiary at Leavenworth premised on the failure to execute a mandatory release violator's warrant on him. Correlatively, appellant asserts that failure to execute the warrant deprived the sentencing court of running the remainder of one sentence concurrent with a new sentence if the court so desired. Appellant's contentions are without...

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