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UNITED STATES v. BANMILLER

No. 12135.

248 F.2d 303 (1957)

UNITED STATES of America ex rel. Frank LUZZI, Appellant, v. William BANMILLER, Warden, Eastern State Penitentiary, Philadelphia, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided September 6, 1957.

Attorney(s) appearing for the Case

Frank Luzzi, pro se.

John E. Marx, Asst. Dist. Atty., of Berks County, Reading, Pa., Frederick O. Brubaker, Dist. Atty., of Berks County, Reading, Pa., for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant was convicted on September 23, 1953 in the Berks County Court of Oyer and Terminer, Pennsylvania, of burglary and larceny and carrying firearms without a license. He was sentenced to a prison term of not less than 7½ years and not more than 20 years. There was no appeal from the conviction.

On January 29, 1954 he filed a petition for a writ of habeas corpus in the Berks County Court of the Common Pleas. The petition...

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