FITZPATRICK v. CLARK

No. 71-1430 Summary Calendar.

443 F.2d 916 (1971)

Frank FITZPATRICK, Petitioner-Appellant, v. J. J. CLARK, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 1971.


Attorney(s) appearing for the Case

Frank Fitzpatrick, pro se.

John W. Stokes, Jr., U. S. Atty., Allen I. Hirsch, Charles A. Pannell, Jr., Asst. U. S. Attys., Atlanta, Ga., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, INGRAHAM and RONEY, Circuit Judges.


PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a federal prisoner for the writ of habeas corpus. We affirm.

In his petition filed in the court below, appellant contended that his sentence had expired and that he is entitled to immediate release from custody. The record reflects that appellant was first convicted and sentenced on March 12, 1963, to a term of five years imprisonment. Subsequently, after pleading...

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