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UNITED STATES v. WELTY

No. 72-1165.

468 F.2d 594 (1972)

UNITED STATES of America v. John Jacob WELTY, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 24, 1972.

Attorney(s) appearing for the Case

John Jacob Welty, pro se.

Barton A. Hertzbach, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before STALEY, VAN DUSEN and MAX ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) September 26, 1972.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Defendant appeals from the January 3, 1972, order1 by the district court dismissing his application of November 18, 1971. He had requested in such application that he be remanded "from his illegal custody . . . [and] be delivered to this court" so that effect could be given to an October 27, 1971, order

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