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CAIN v. MARKLEY

No. 14802.

347 F.2d 408 (1965)

Richard O. CAIN, Petitioner-Appellant, v. T. Wade MARKLEY, Warden, United States Penitentiary, Terre Haute, Indiana, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 16, 1965

Attorney(s) appearing for the Case

Richard O. Cain, pro se and Lawrence Gunnels, Chicago, Ill., for appellant.

Richard P. Stein, U. S. Atty., Edward F. Kelly, Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before HASTINGS, Chief Judge, and DUFFY, SCHNACKENBERG, KNOCH, CASTLE, KILEY, and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

Petitioner Richard O. Cain appeals from an order denying his petition for a writ of habeas corpus. He was convicted on several counts for narcotics violations. Sentence was rendered on April 12, 1957, and petitioner is presently serving a ten-year sentence on the charge of unlawful sale of narcotic drugs in violation of 26 U.S.C. § 4705(a). Sentence was imposed by the federal district court for the Western District of Missouri. Petitioner...

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