Roland Franz Ludwig Weigand v. John W. Wingo, Warden, Kentucky State Penitentiary

PHILLIPS, Circuit Judge.

This is an appeal from the denial of appellant’s fourth petition for a writ of habeas corpus, which was denied on the grounds that appellant had failed to exhaust his State remedies.

Appellant had pled guilty to two counts of uttering worthless- checks and was sentenced to two years on each count, the sentences to run consecutively. At the time he committed these offenses he had entered this country as a non-immigrant and overstayed his period of admission. After the offenses had occurred, and before indictment, he was released to the immigration authorities and…