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RIVERA ESCUTE v. DELGADO

No. 7660.

439 F.2d 891 (1971)

Fernando RIVERA ESCUTE, Petitioner, Appellant, v. Gerardo DELGADO, Warden, Penitentiary of the Commonwealth of Puerto Rico, Respondent, Appellee.

United States Court of Appeals, First Circuit.

March 10, 1971.

Attorney(s) appearing for the Case

Ronald L. Carlson, Iowa City, Iowa, with whom Santos P. Amadeo, Rio Piedras, Puerto Rico, Julio Rodriguez, Jr., Hato Rey, and Jorge Santiago, Santurce, Puerto Rico, were on brief, for appellant.

Ruth Tentori de Lebron-Velazquez, Asst. Sol. Gen., with whom Gilberto Gierbolini, Sol. Gen. for the Commonwealth of Puerto Rico, was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

Petitioner appeals from the denial by the District Court for the District of Puerto Rico of a petition for habeas corpus. At present, he is serving a sentence of life imprisonment for a conviction of first degree murder arising out of a crime committed in 1943. Petitioner unsuccessfully appealed his conviction to the Supreme Court of Puerto Rico, People v. Rivera Escute, 66 P.R.R. 207 (1946), sought a writ of habeas corpus in the Puerto Rican...

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