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UNITED STATES v. PATE

No. 15480.

359 F.2d 828 (1966)

UNITED STATES of America ex rel. Andrew J. DeVONEY, Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

April 22, 1966.

Attorney(s) appearing for the Case

Andrew J. DeVoney, in pro. per.

William G. Clark, Atty. Gen. of Illinois, Chicago, Ill., Richard A. Michael, Philip J. Rock, Asst. Attys. Gen., of counsel.

Before DUFFY, KNOCH and SWYGERT, Circuit Judges.

KNOCH, Circuit Judge.

The petitioner, Andrew J. DeVoney, is an inmate of the Illinois State Penitentiary where he is serving a sentence of one year to life imposed after conviction of the crime of burglary in the Criminal Court of Cook County, Illinois, in 1952.

He sought and was denied writ of habeas corpus in the United States District Court. He was granted a certificate of probable cause and leave to appeal in...

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