UNITED STATES v. PATE

No. 15244.

355 F.2d 879 (1966)

UNITED STATES of America ex rel. Erskine GATES, Petitioner Appellant, v. Frank J. PATE, Successor to Joseph E. Ragen, Warden of The Illinois State Penitentiary (Stateville Branch), Joliet, Illinois, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

January 20, 1966.


Attorney(s) appearing for the Case

Robert S. Hunt, Chicago, Ill., for appellant.

William G. Clark, Atty. Gen., Phillip B. Robinson, Asst. Atty. Gen., Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.


KNOCH, Circuit Judge.

The relator, Erskine Gates, was convicted in 1939 on three counts of burglary and was sentenced to serve a term of one year to life. In 1956, he sought writ of habeas corpus in the United States District Court. On appeal, this Court reversed denial of the writ, stating that relator was entitled to a hearing.

In the interim, however, relator was enlarged on parole, and this Court granted the Attorney General's motion to vacate the opinion...

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