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UNITED STATES v. JULIAN

No. 72-1379.

469 F.2d 371 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. James Kenneth JULIAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 17, 1972.

Attorney(s) appearing for the Case

Edward H. Funston, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., Bruce E. Miller, and Glen S. Kelly, Asst. U. S. Attys., on the brief), for plaintiff-appellee.

Colin M. Clark, Denver, Colo., for defendant-appellant.

Before PHILLIPS, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Following a jury trial, defendant-appellant was convicted of unlawfully escaping from the United States Penitentiary Honor Farm at Leavenworth, Kansas, where he had been serving sentences for violations of the Dyer Act in the Southern District of Texas and the District of Nevada.

The first Dyer Act conviction, the Texas one, was on November 1, 1963. He served the maximum time on this...

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