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UNITED STATES EX REL. PUGH v. PATE

No. 16539.

401 F.2d 6 (1968)

UNITED STATES of America ex rel. Jesse PUGH, Petitioner-Appellant, v. Frank J. PATE, Warden of the Illinois State Penitentiary, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 19, 1968.

Attorney(s) appearing for the Case

Sam Adam, Stanley A. Bass, Chicago, Ill., for appellant.

Donald J. Veverka, William G. Clark, Atty. Gen., of Illinois, Chicago, Ill., John J. O'Toole, Thomas E. Brannigan, Asst. Attys. Gen., of counsel, for appellee.

Before SCHNACKENBERG, KILEY and FAIRCHILD, Circuit Judges.

Rehearing Denied En Banc September 19, 1968.

SCHNACKENBERG, Circuit Judge.

Jesse Pugh, petitioner, has appealed from an order of the district court denying his petition for a writ of habeas corpus, filed May 11, 1967, naming as respondent, Frank J. Pate, Warden of the Illinois State Penitentiary.

It appears from petitioner's brief that on September 14, 1964, he was sentenced to the penitentiary for not less than five nor more than ten years, and that...

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