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ROBINSON v. McCUNE

No. 76-1266.

536 F.2d 1340 (1976)

Jesse James ROBINSON, Plaintiff-Appellant, v. G. F. McCUNE, Warden, United States Penitentiary, Leavenworth, Kansas, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 26, 1976.

Attorney(s) appearing for the Case

Jesse James Robinson, pro se.

E. Edward Johnson, U. S. Atty., Mary K. Briscoe, Asst. U. S. Atty., Topeka, Kan., filed memorandum in opposition of summary reversal seeking summary dismissal, for defendant-appellee.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

PER CURIAM.

At the time this action was commenced, Robinson was a federal prisoner confined at the United States Penitentiary at Leavenworth, Kansas. In the district court he contended that he was unlawfully being compelled to serve sentences imposed for misdemeanor convictions at a penitentiary. This, he claimed, was in violation of 18 U.S.C. § 4083.1 Robinson also asserted that prison authorities improperly forfeited 176

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