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BARRETT v. LOONEY

No. 2418 H.C.

158 F.Supp. 224 (1957)

Eugene M. BARRETT, Petitioner, v. C. H. LOONEY, Warden, United States Penitentiary, Leavenworth, Kansas, Respondent.

United States District Court D. Kansas.

September 12, 1957.

Attorney(s) appearing for the Case

Joseph P. Jenkins, of Cohen, Schnider, Shamberg, Joyce, Jenkins & Ross, Kansas City, Kan., for petitioner.

William C. Farmer, U. S. Atty., Topeka, Kan., Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., Lt. Col. Cecil L. Forinash, Judge Advocate General's Corps Dept. of the Army, Washington, D. C., Lt. Col. Peter S. Wondolowski, Judge Advocate General's Corps Dept. of the Army, Washington, D. C., for respondent.

HUXMAN, District Judge Assigned.

The petitioner, Eugene M. Barrett, is in the custody of respondent, C. H. Looney, as Warden of the United States Penitentiary at Leavenworth, Kansas, and seeks relief from such custody by writ of habeas corpus. Petitioner is confined in the Penitentiary under sentence of a military court-martial. On February 27, 1948, after trial, the military court-martial found petitioner guilty as charged and imposed an onerous sentence upon him...

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