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ROBERTS v. UNITED STATES

No. 20943.

391 F.2d 991 (1968)

Robert ROBERTS, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 2, 1968.

Attorney(s) appearing for the Case

Mr. Robert Bruce Hirsch, Washington, D. C. (appointed by this court) for appellant.

Mr. Joel M. Finkelstein, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Miss Judith Ann Wilson, Asst. U. S. Attys., were on the brief, for appellee.

Before BASTIAN, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

BURGER, Circuit Judge:

This is an appeal from the denial by the District Court of Appellant's motion to vacate the sentence imposed following his conviction for rape, robbery, and sodomy. The only claim is that the sentence is cruel and unusual punishment because the imprisonment caused Appellant to become mentally disturbed and ill and because he thus could not conform to prison regulations and therefore would not become eligible for parole in less than the maximum...

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