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SWISHER v. MOSELEY

No. 114-70.

442 F.2d 1331 (1971)

Thomas T. SWISHER, Plaintiff-Appellant, v. R. I. MOSELEY, Warden, United States Penitentiary, Leavenworth, Kansas, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 24, 1971.

Attorney(s) appearing for the Case

Peter H. Ney, Englewood, Colo., for plaintiff-appellant.

Michael A. Katz, Captain, East St. Louis, Ill., JAGC (Robert J. Roth, U. S. Atty., Edward H. Funston, Asst. U. S. Atty., and Arnold I. Melnick, Lieutenant Colonel, Washington, D. C., JAGC, with him on the brief), for defendant-appellee.

Before BREITENSTEIN, HILL and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In August, 1958, a military court-martial found appellant, a member of the armed forces, guilty of robbery, assault with intent to commit murder, assault with intent to commit rape, and interstate transportation of a stolen motor vehicle. His petition for grant of review was denied by the Court of Military Appeals, 10 U.S.M.C.A. 699. He has presented numerous petitions for post-conviction relief. See Swisher v. United States, W.D.Mo.,...

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