J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas v. James K. Warren

Under facts not materially different from the facts in Taylor v. Simpson, 10 Cir., 292 F.2d 698, the instant case presents the same issue of law decided in the Simpson case. On authority of the Simpson case, the order in the instant case is reversed and the cause remanded, with instructions to vacate the order, remand Warren to the custody of the Warden and issue appropriate process to take Y^arren into custody and deliver him to the Warden.