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LEMIEUX v. ROBBINS

Civ. No. 10-97.

294 F.Supp. 1171 (1968)

Francis T. LEMIEUX, Petitioner, v. Allan L. ROBBINS, Warden Maine State Prison, Respondent.

United States District Court D. Maine, S. D.

December 30, 1968.

Attorney(s) appearing for the Case

Jeremiah D. Newbury, S. Mason Pratt, Portland, for petitioner.

John W. Benoit, Jr., Garth K. Chandler, Asst. Attys. Gen., Augusta, for respondent.

OPINION AND ORDER OF THE COURT

GIGNOUX, District Judge.

This is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (1964), et seq. The question presented is whether the State of Maine deprived petitioner of any federal constitutional right when, following his appeal from a District Court conviction and his trial de novo in the Superior Court, he received a greater sentence of imprisonment in

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