William Roy Miller v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas,appellee

LEWIS, Circuit Judge.

Appellant, presently confined in the United States Penitentiary at Leavenworth, Kansas, prosecutes this appeal from an order denying his petition for habeas corpus in which he asserts a right to a discharge from confinement. The contention of appellant that he is entitled to release has been earlier considered and denied by this court, Miller v. Taylor, 10 Cir., 290 F.2d 8, in an action presented by appellant pro se and premised upon the identical factual background of the case at bar. However appellant is now represented by able counsel who earnestly asserts that…