William John Simon v. Robert I. Moseley, Warden, U. S. Penitentiary, Leavenworth, Kansas

I am compelled to respectfully dissent in this ease because I believe the conclusion reached by the majority is in conflict with prior decisions of this court concerning violators’ warrants.

The majority has correctly set forth the law applicable to the instant case; I dissent only as to the application of that law to the facts. It is firmly established that the issuance of a violator warrant triggers a process which, as a matter of fundamental fairness, must be pursued with reasonable diligence and dispatch. What constitutes a reasonable time is essentially a question of fact which will vary…