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JOHNS v. PERINI

No. 71-1876.

462 F.2d 1308 (1972)

Frank JOHNS, Petitioner-Appellant, v. E. P. PERINI, Superintendent, Marion Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

June 21, 1972.

Attorney(s) appearing for the Case

John W. Eilers, Jr., Paxton & Seasongood, Cincinnati, Ohio (Court appointed) on brief for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Leo J. Conway, Asst. Atty. Gen., Columbus, Ohio, on brief for respondent-appellee.

Before WEICK and McCREE, Circuit Judges, and FEIKENS, District Judge.

McCREE, Circuit Judge.

We consider for the second time Johns' appeal from dismissal of his petition for a writ of habeas corpus. It presents for our determination the constitutional fairness of the proceedings which resulted in the imprisonment of this 40 year old man with no previous criminal conviction for the term of 30 to 60 years for the sale of $15 worth of marijuana.1 We conclude that the writ should issue.

After consideration...

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