Opinion
No. 5831.
May 21, 1958.
H. Malcolm Mackay, Denver, Colo., for appellant.
A.I. West, Asst. U.S. Atty., Topeka, Kan. (William C. Farmer, U.S. Atty., and E. Edward Johnson, Asst. U.S. Atty., Topeka, Kan., were on the brief), for appellee.
Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.
This is an appeal from an order discharging a writ of habeas corpus and remanding Morris, the petitioner, to the custody of the Warden. Upon the authority of United States v. Brown, 333 U.S. 18, 68 S.Ct. 376, 92 L.Ed. 442, and Ong v. Hunter, 10 Cir., 196 F.2d 256, the order is affirmed.