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TATE v. HENDERSON

No. 72-2285. Summary Calendar.

470 F.2d 971 (1972)

Clarence TATE, Jr., Petitioner-Appellant, v. J. D. HENDERSON, Warden, United States Penitentiary, Atlanta, Georgia, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied March 19, 1973.

Attorney(s) appearing for the Case

Clarence Tate, Jr., pro se.

John W. Stokes, Jr., U. S. Atty., William P. Gaffney, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

Certiorari Denied March 19, 1973. See 93 S.Ct. 1515

PER CURIAM:

Appellant is serving a 15-year sentence for bank robbery imposed under 18 U.S.C. § 4208(a)(2), which makes him eligible for parole at the discretion of the Parole Board. On a previous appeal, Tate v. Henderson, 453 F.2d 358 (5th Cir. 1971), he claimed that the Board was refusing to consider him for parole on the authority of 42 U.S.C. § 259(b), which...

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