UNITED STATES EX REL. ABBOTT v. TWOMEY

No. 71-1371.

460 F.2d 400 (1972)

UNITED STATES of America ex rel. Curtis ABBOTT, Petitioner-Appellant, v. John TWOMEY and Peter Bensinger, Respondent-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied April 25, 1972.


Attorney(s) appearing for the Case

William H. Theis, James B. Haddad, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Melbourne A. Noel, Jr., Asst. Atty. Gen., James B. Zagel, Asst. Atty. Gen., Chicago, Ill., for respondents-appellees.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge and GRANT, District Judge.


DUFFY, Senior Circuit Judge.

After a jury trial in the Circuit Court of Cook County, Illinois, petitioner Abbott was convicted of selling heroin on three separate occasions. The Court imposed concurrent sentences of fifteen to thirty years on each of the three counts.

On December 1, 1970, having exhausted his state remedies, petitioner sought federal Habeas Corpus relief. After denial of the petition by the District Court, the Judge granted a certificate of...

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