Legal Opinion

J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas v. David Lee Simpson

Court of Appeals for the Tenth Circuit

Decided June 23, 1961No. 6675PublishedCited by 20 opinions

1Opinion of the Court

PHILLIPS, Circuit Judge.

This is an appeal from an order entered in a habeas corpus proceeding discharging Simpson from the custody of Taylor, Warden of the United States Penitentiary at Leavenworth, Kansas.

On December 5,1947, Simpson was convicted upon a plea of guilty to an information charging him with a violation of 18 U.S.C. § 73, 1940 Ed., * and sentenced to the custody of the Attorney General for a period of six years. He commenced the service of his sentence on April 18, 1949. On March 27, 1953, he was conditionally released, pursuant to 18 U.S.C.A. § 4163, with 751 days of his maximum…

2Cases cited5 opinions

  1. Zerbst v. KidwellSupreme Court of the United States · 1938
  2. United States Ex Rel. Jacobs v. BarcCourt of Appeals for the Sixth Circuit · 1944
  3. Adams v. HudspethCourt of Appeals for the Tenth Circuit · 1941
  4. Nave v. Bell, U.S. MarshalCourt of Appeals for the Sixth Circuit · 1950
  5. Neal v. HunterCourt of Appeals for the Tenth Circuit · 1949

3Cited by20 opinions

  1. Shelton v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1967
  2. Joseph Orton Smith v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1966
  3. United States v. GernieDistrict Court, S.D. New York · 1964
  4. William John Simon v. Robert I. Moseley, Warden, U. S. Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1971
  5. G. W. Robinson v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas, and United States Board of ParoleCourt of Appeals for the Tenth Circuit · 1966

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