BRUSS v. HARRIS

No. 72-1589.

479 F.2d 392 (1973)

Wilhelm J. BRUSS, Sr., Petitioner-Appellant, v. C. E. HARRIS, Warden, United States Penitentiary, Leavenworth, Kansas, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

May 29, 1973.


Attorney(s) appearing for the Case

Carl Feldhamer, Denver, Colo., for petitioner-appellant.

Bruce E. Miller, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., on the brief), for respondent-appellee.

Before BREITENSTEIN and DOYLE, Circuit Judges, and DURFEE, Judge, Court of Claims.


BREITENSTEIN, Circuit Judge.

In this habeas corpus proceeding a federal prisoner seeks a recomputation of the time which he must serve. The district court dismissed the petition, and the petitioner has appealed.

Petitioner was arrested on federal charges on January 9, 1971, and, after an examination to determine his mental competency, was released on a personal recognizance bond on March 9, 1971. While free, petitioner was arrested and jailed on an unrelated...

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