United States ex rel. Gates v. Pate

KNOCH, Circuit Judge.

The relator, Erskine Gates, was convicted in 1939 on three counts of burglary and was sentenced to serve a term of one year to life. In 1956, he sought writ of habeas corpus in the United States District Court. On appeal, this Court reversed denial of the writ, stating that relator was entitled to a hearing.

In the interim, however, relator was enlarged on parole, and this Court granted the Attorney General’s motion to vacate the opinion as moot. The petition for writ of habeas corpus was dismissed without prejudice.

When relator was remanded for violation of parole, he…