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UNITED STATES v. RUNDLE

No. 18491.

429 F.2d 1316 (1970)

UNITED STATES of America ex rel. Jon M. MUDRY, Appellant, v. Alfred T. RUNDLE, Supt., etc., Appellee.

United States Court of Appeals, Third Circuit.

Decided July 17, 1970.

Attorney(s) appearing for the Case

Lane Taylor, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellant.

Carl Feldbaum, Asst. Dist. Atty., Philadelphia, Pa. (James D. Crawford, Deputy Dist. Atty., for Law, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa.), on the brief, for appellee.

Before McLAUGHLIN, STALEY and ADAMS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Appellant pleaded guilty in a Commonwealth of Pennsylvania court to unlawful use of narcotics and felonious possession of narcotics. He is confined to a Commonwealth correction institution. His petition of habeas corpus was denied by the District Court.

It is carefully and strongly urged on his behalf that because he was an addict, his conviction for unlawful use of drugs was really punishing him for his addiction...

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