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GIACALONE v. LUCAS

No. 20707.

445 F.2d 1238 (1971)

Vito GIACALONE, Petitioner-Appellant, v. William LUCAS, Sheriff, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

July 30, 1971.

Attorney(s) appearing for the Case

Joseph W. Louisell, Detroit, Mich., for petitioner-appellant.

Stewart H. Freeman, Asst. Sol. Gen., Lansing, Mich., for respondent-appellee; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief.

Before PHILLIPS, Chief Judge, and CELEBREZZE and McCREE, Circuit Judges.

CELEBREZZE, Circuit Judge.

This appeal is of an order of the United States District Court for the Eastern District of Michigan dismissing, without a hearing, the Appellant's petition for writ of habeas corpus. The petition arises out of the Appellant's conviction, by a jury, for unlawful possession of a blackjack, Mich.Stat.Ann. § 28.421, M.C. L.A. § 750.224 (1960), and the imposition of a four-year nine-month to five-year prison sentence upon him. During...

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