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UNITED STATES EX REL. MYERS v. SMITH

No. 955, Docket 71-1077.

444 F.2d 75 (1971)

UNITED STATES ex rel. Raymond MYERS, Petitioner-Appellant, v. Robert G. SMITH, Warden, Vermont State Prison, and the State of Vermont, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1971.

Attorney(s) appearing for the Case

Richard deCourcy Hinds, New York City, for petitioner-appellant.

Jon C. Stahl, Asst. Atty. Gen., James M. Jeffords, Atty. Gen. of Vermont, for respondents-appellees.

Before FRIENDLY, Chief Judge, WATERMAN, Circuit Judge, and ZAVATT, District Judge.

PER CURIAM:

Raymond Myers appeals from a denial of his petition for a writ of habeas corpus by Chief Judge Leddy of the United States District Court for the District of Vermont. In 1966 petitioner was convicted by a jury in a Vermont state court of the misdemeanor of "open and gross lewdness and lascivious behavior" (13 V.S.A. § 2601) and sentenced to a term of imprisonment in the Vermont House of Correction. This sentence was fully served and upon its completion...

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