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McLALLEN v. UNITED STATES MARSHAL, WESTERN DIST. OF MO.

No. 20256.

436 F.2d 957 (1971)

Edward Lee McLALLEN, Appellant, v. UNITED STATES MARSHAL, WESTERN DISTRICT OF MISSOURI, et al., Appellee.

United States Court of Appeals, Eighth Circuit.

January 13, 1971.

Attorney(s) appearing for the Case

Ronald M. Sokol, Kansas City, Mo., on brief for appellant.

Bert C. Hurn, U. S. Atty., and Frederick O. Griffin, Jr., Asst. U. S. Atty., Kansas City, Mo., on brief for appellee.

Before MATTHES, Chief Judge, and LAY and BRIGHT, Circuit Judges.

PER CURIAM.

On April 10, 1964, the United States, pursuant to 18 U.S.C. § 4163, mandatorily released Edward Lee McLallen from the Leavenworth Penitentiary with 445 days remaining on his sentence for a Dyer Act violation. Under the statute, such a mandatorily released prisoner acquires the same status as that of a parolee until the expiration of his prison term less 180 days. 18 U.S.C. § 4164. While on such status as a parolee, McLallen was arrested for second...

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