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ZERBST v. WALKER

No. 821.

67 F.2d 667 (1933)

ZERBST, Warden, v. WALKER.

Circuit Court of Appeals, Tenth Circuit.

November 25, 1933.

Attorney(s) appearing for the Case

S. M. Brewster, U. S. Atty., of Topeka, Kan. (L. E. Wyman, Asst. U. S. Atty., of Hutchinson, Kan., on the brief), for appellant.

Lee Bond, of Leavenworth, Kan., for appellee.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.

LEWIS, Circuit Judge.

Appellee presented his petition to the District Judge wherein he complained he was illegally confined in the United States penitentiary at Leavenworth, Kansas, by the warden. He asked that writ of habeas corpus be granted commanding appellant to produce him, and that on hearing he be discharged. He alleged that on November 13, 1919, he was sentenced by the United States District Court for the District of Oregon to a term of five years imprisonment...

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