HOLSCHER v. YOUNG

No. 20506.

440 F.2d 1283 (1971)

Glen Ray HOLSCHER, Appellant, v. Jack G. YOUNG, Warden and Paul W. Keve, Commissioner of Corrections, Appellees.

United States Court of Appeals, Eighth Circuit.

April 6, 1971.


Attorney(s) appearing for the Case

Robin A. Jacob, Joseph Robbie, Minneapolis, Minn., for appellant.

Douglas M. Head, Atty. Gen., St. Paul, Minn., George M. Scott, Hennepin County Atty., Henry W. McCarr, Jr., Asst. County Atty., Minneapolis, Minn., for appellees.

Before VOGEL and ROSS, Circuit Judges, and STEPHENSON, Chief District Judge.


ROSS, Circuit Judge.

This is an appeal from the denial of Holscher's petition for a writ of habeas corpus under 28 U.S.C. § 2241(c)(3). We affirm.

On February 6, 1959 Holscher was convicted of third degree murder and sentenced to a prison term of not less than fourteen nor more than sixty years under two Minnesota statutes which provided that murder in the third degree should be punished by imprisonment for not less than seven nor more than thirty years...

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