United States v. Earl Emerson Franklin, Earl Emerson Franklin v. P. G. Smith, Warden, United States Penitentiary, Terre Haute, Indiana

KNOCH, Senior Circuit Judge.

In Appeal No. 18563, defendant-appellant, Earl Emerson Franklin, appeals from conviction and sentence of six months, after a bench trial (jury having been waived) on a plea of not guilty to a charge by indictment of unlawful escape in violation of Title 18 U.S.C. § 751(a) from custody after conviction of an offense against the United States (violation of Title 18 U.S.C. § 2312).

In Appeal No. 18564, petitioner-appellant, Earl Emerson Franklin, appealed from denial of his petition for writ of habeas corpus, 313 F.Supp. 43. That appeal has become moot. At the time of…