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McDONALD v. HUDSPETH

No. 1954.

108 F.2d 943 (1940)

McDONALD v. HUDSPETH, Warden.

Circuit Court of Appeals, Tenth Circuit.

January 4, 1940.

Attorney(s) appearing for the Case

Milton J. Keegan, of Denver, Colo., for appellant.

Homer Davis, Asst. U. S. Atty., of Topeka, Kan. (Summerfield S. Alexander, U. S. Atty., of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

This appeal brings for review an order denying a petition for a writ of habeas corpus. In 1933, Robert A. McDonald, hereinafter called petitioner, was convicted in the United States Court for the Western District of Texas and sentenced to imprisonment for six years; and in 1937, he was given a conditional release from the United States penitentiary at Leavenworth, Kansas. In February, 1938, the United States Board of Parole issued its warrant...

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