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NANCE v. UNITED STATES

Nos. 18684, 18685 and 18686.

440 F.2d 617 (1971)

Anthony NANCE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

April 15, 1971.

Attorney(s) appearing for the Case

W. Donald McSweeney, Chicago, Ill., for petitioner-appellant; Schiff, Hardin, Waite, Dorschel & Britton, Chicago, Ill., of counsel.

William J. Bauer, U. S. Atty., Donald C. Shine, Asst. U. S. Atty., Chicago, Ill., for respondent-appellee; John Peter Lulinski, Jeffrey Cole, Asst. U. S. Attys., of counsel.

Before HASTINGS, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Petitioner-appellant, Anthony Nance, is presently incarcerated in the Federal Penitentiary at Marion, Illinois, under two concurrent forty-month sentences imposed for violations of 18 U.S.C. § 111 and 26 U.S.C. § 4742(a). Petitioner was sentenced by the district court pursuant to the opinion and mandate of this court in Nance v. United States, 422 F.2d 590 (7th Cir. 1970). In that case, brought by...

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