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KANAN v. DENVER DISTRICT COURT

No. 529-70.

438 F.2d 521 (1971)

John E. KANAN, Appellant, v. DENVER DISTRICT COURT, Henry E. Santo, Judge, Appellee.

United States Court of Appeals, Tenth Circuit.

February 26, 1971.

Attorney(s) appearing for the Case

Robert G. Busch, Lakewood, Colo., for appellant.

Richard G. McManus, Jr., Asst. Atty. Gen., Denver, Colo. (Duke W. Dunbar, Atty. Gen., and John P. Moore, Deputy Atty. Gen., with him on the brief), for appellee.

Before HILL, SETH, and HOLLOWAY, Circuit Judges.

SETH, Circuit Judge.

This is an appeal from denial without hearing of appellant's State prisoner habeas corpus petition by the United States District Court for the District of Colorado.

In 1968, the Denver District Court sentenced Kanan for a period of four years, eleven months, to five years. This sentence was suspended and he was placed on probation for a period of five years; he was arrested in June 1969, and thereafter the original sentence was reinstated...

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