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George Gillette v. David M. Heritage, Warden, United States Penitentiary, Atlanta, Georgia, 19921_1 (1963)

Court: Court of Appeals for the Fifth Circuit Number: 19921_1 Visitors: 8
Filed: Mar. 01, 1963
Latest Update: Feb. 22, 2020
Summary: 313 F.2d 632 George GILLETTE, Appellant, v. David M. HERITAGE, Warden, United States Penitentiary, Atlanta, Georgia, Appellee. No. 19921. United States Court of Appeals Fifth Circuit. March 1, 1963. Joseph Lefkoff, Atlanta, Ga., for appellant. Charles L. Goodson, U.S. Atty., Burton Brown, Asst. U.S. Atty., Atlanta, Ga., for appellee. Before TUTTLE, Chief Judge, and POPE 1 and JONES, Circuit Judges. PER CURIAM. 1 It appearing that this habeas corpus case was decided by the trial court on the auth
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313 F.2d 632

George GILLETTE, Appellant,
v.
David M. HERITAGE, Warden, United States Penitentiary,
Atlanta, Georgia, Appellee.

No. 19921.

United States Court of Appeals Fifth Circuit.

March 1, 1963.

Joseph Lefkoff, Atlanta, Ga., for appellant.

Charles L. Goodson, U.S. Atty., Burton Brown, Asst. U.S. Atty., Atlanta, Ga., for appellee.

Before TUTTLE, Chief Judge, and POPE1 and JONES, Circuit Judges.

PER CURIAM.

1

It appearing that this habeas corpus case was decided by the trial court on the authority of Johnson v. Wilkinson, 5 Cir., 279 F.2d 683, we conclude that it was not error for the court to decide the case without hearing.

2

The judgment of the district court was correct. It is, therefore,

3

Affirmed.

1

Of the Ninth Circuit, sitting by designation

Source:  CourtListener

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