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SWIFT v. COMMANDANT, UNITED STATES DISCIPLINARY BARRACKS

No. 203-70.

440 F.2d 1074 (1971)

James Elmer SWIFT, Petitioner-Appellant, v. COMMANDANT, UNITED STATES DISCIPLINARY BARRACKS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 13, 1971.

Attorney(s) appearing for the Case

Jonathan M. Landers, Lawrence, Kan., for appellant.

Richard L. Meyer, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., Wichita, Kan., on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

Swift is an inmate in the United States Penitentiary at Leavenworth, having been convicted in 1965 by a military court of unpremeditated murder. The conviction was affirmed by a United States Air Force Board of Review and by the Court of Military Appeals. In 1968, Swift filed a petition for a writ of habeas corpus, which was denied. In 1970, appellant petitioned for a second habeas corpus writ. The petition alleged numerous constitutional infirmities in...

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