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UNITED STATES v. MARONEY

No. 16535.

385 F.2d 839 (1967)

UNITED STATES of America ex rel. Charles R. FOX, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided November 8, 1967.

Attorney(s) appearing for the Case

Charles R. Fox, pro se.

Edwin J. Martin, Robert W. Duggan, Dist. Atty. of Allegheny County, Pittsburgh, Pa., for appellee.

Before STALEY, Chief Judge, and MARIS and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from the dismissal of appellant's petition for a writ of habeas corpus in the district court. United States ex rel. Fox v. Price, 257 F.Supp. 493 (W.D.Pa., 1966). Appellant's contention is that he was sentenced under the wrong indictment and that the subsequent correction of his sentence, out of his presence, violated his constitutional rights of due process and equal...

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