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WHITE v. GAFFNEY

No. 132-70.

435 F.2d 1241 (1971)

Earl WHITE, Appellant, v. R. J. GAFFNEY, Warden, Kansas State Penitentiary, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 12, 1971.

Attorney(s) appearing for the Case

Brian J. Moline, Wichita, Kan., for appellant.

Edward J. Collister, Jr., Asst. Atty. Gen. of Kan. (Kent Frizzell, Atty. Gen., and Richard H. Seaton, Asst. Atty. Gen., on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

PICKETT, Circuit Judge.

Appellant White brought this habeas corpus action in the United States District Court for the District of Kansas seeking his release from the Kansas State Penitentiary where he is serving a life sentence which followed his plea of guilty to murder in the second degree. He alleges that his guilty plea was involuntary because the prosecuting attorney failed to recommend to the court a sentence for a term of years rather than life imprisonment...

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