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United States v. Yeager

decided: October 21, 1971.

UNITED STATES OF AMERICA EX REL. WARREN H. SLOUGH, #45678, APPELLANT,
v.
HOWARD YEAGER, WARDEN, NEW JERSEY STATE PRISON



Van Dusen, Aldisert and Gibbons, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

This is an appeal from a December 8, 1969, district court order denying an application of a state prisoner for release on bail pending disposition of a petition for a writ of habeas corpus. The above-mentioned petition (a) challenged a state court sentence of 10 to 20 years,*fn1 which had been affirmed on May 22, 1969, in a seven-page opinion of the Appellate Division, Superior Court of New Jersey, and (b) had been filed after the Supreme Court of New Jersey had denied a petition for certification on September 15, 1969.

After hearing and announcing some of the reasons for its decision in open court, the district court, recognizing that it had the authority to release relator on bail*fn2 (N. T. 46) pending disposition of the petition, entered the abovementioned December 8, 1969, order on the ground that relator had not shown good cause for such release.

After careful consideration of the record, we reject relator's sole contention in this court which is that the district court abused its discretion in denying bail pending disposition of the petition for a writ of habeas corpus. Cf. Lewis v. Henderson, 356 F.2d 105, 106 (6th Cir.1966); Johnston v. Marsh, supra note 2.

Assuming, without deciding, that the December 8, 1969, district court order is an appealable ...


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