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UNITED STATES EX REL. HOWARD v. RUNDLE

No. 18168.

452 F.2d 904 (1971)

UNITED STATES of America ex rel. Larry R. HOWARD, H-7014, Appellant, v. Alfred T. RUNDLE, Supt.

United States Court of Appeals, Third Circuit.

Decided December 22, 1971.

Attorney(s) appearing for the Case

John Packel, Defender Association of Philadelphia, Philadelphia, Pa., for appellant.

James T. Ranney, Asst. Dist. Atty., Philadelphia, Pa., (Milton M. Stein, Asst. Dist. Atty., Chief, Appeals Div., James D. Crawford, Deputy Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The relator-appellant Howard, convicted in the Court of Common Pleas of Philadelphia County by a jury on charges of attempted burglary, possession of burglary tools, conspiracy, loitering and prowling, was sentenced on August 31, 1967 to serve two to five years. The sentences imposed on Howard under the four indictments present in the record were to run concurrently. No issue has been raised as to any duplicity...

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