Danziger

Danziger v. Clark, United States Marshal

Good Law
180 F.2d 895·1950 U.S. App. LEXIS 2522
United States Court of Appeals for the Ninth CircuitMarch 20, 195012189_1California86 words

Opinion

Appellee in this appeal in a habeas corpus proceeding moves to dismiss the appeal on the ground that the appellant is no longer in the custody of the appellee.

The affidavit offered on behalf of the appellee states that the sentence, claimed in the application for the writ of habeas corpus to have been illegally imposed, has been ■fully served and appellant’s counsel at the hearing asserted that his client was not in the custody of the appellee.

The motion to dismiss the appeal is granted.