UNITED STATES EX REL. SLUDER v. BRANTLEY

No. 71-1028.

454 F.2d 1266 (1972)

UNITED STATES of America ex rel. Linwood SLUDER, Petitioner-Appellant, v. Elza BRANTLEY, Warden, Illinois State Penitentiary, Menard Branch, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

January 6, 1972.


Attorney(s) appearing for the Case

Bruce C. Stratton, Theodore A. Gottfried, Ottawa, Ill., for petitioner-appellant.

Melbourne A. Noel, Jr., William J. Scott, Atty. Gen., Joel M. Flaum, First Asst. Atty. Gen., James B. Zagel, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before KILEY, CUMMINGS and SPRECHER, Circuit Judges.


KILEY, Circuit Judge.

The question raised by petitioner Sluder's appeal from dismissal of his habeas corpus petition is whether an Illinois trial court denied him due process in allegedly sentencing him—after revoking his probation—solely on the basis of alleged offenses committed during probation. We affirm the judgment of dismissal.

Upon Sluder's plea of guilty in September, 1963 to a fifty dollar burglary charge, the Illinois judge suspended...

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