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POTEET v. FAUVER

No. 74-1735.

517 F.2d 393 (1975)

Oscar POTEET, Appellant, v. William FAUVER, Warden, New Jersey State Prison.

United States Court of Appeals, Third Circuit.

Decided May 7, 1975.

Attorney(s) appearing for the Case

Robert J. Borbe, Maressa, Shoemaker & Borbe, Berlin, N. J., for appellant.

Joseph P. Lordi, Essex County Prosecutor, Newark, N. J., for appellee; R. Benjamin Cohen, Asst. Prosecutor, Newark, N. J., of counsel and on the brief.

Before ALDISERT, GIBBONS and GARTH, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) March 20, 1975.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal poses the question whether the state sentencing judge subjected appellant to an additional penalty because he refused to admit his guilt following a jury verdict of guilty on charges of armed robbery. If the sentence were so increased, a proper claim of punishment without due process of law would be established, entitling appellant to...

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