UNITED STATES EX REL. LEWIS v. PATE

No. 18706.

445 F.2d 506 (1971)

UNITED STATES of America ex rel. Theodore R. LEWIS, Petitioner-Appellant, v. Frank J. PATE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

July 15, 1971.


Attorney(s) appearing for the Case

Stanley J. Horn, Chicago, Ill., for petitioner-appellant.

James R. Streicker, Asst. Atty. Gen., Chicago, Ill., William J. Scott, Atty. Gen. of Illinois, Joel M. Flaum, First Asst. Atty. Gen., Warren K. Smoot, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before SWYGERT, Chief Judge, and FAIRCHILD and PELL, Circuit Judges.


PELL, Circuit Judge.

This is an appeal from the dismissal by the district court of a petition for a writ of habeas corpus. Petitioner, Theodore R. Lewis, is currently serving a sentence of 30 years to life pursuant to conviction by a jury in a state court on a charge of armed robbery. All available state remedies have been exhausted. Lewis on appeal devotes a substantial portion of his brief to the fact that none of the twenty-five to thirty occupants of the robbed...

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