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DEMPSEY v. WAINWRIGHT

No. 71-3232.

471 F.2d 604 (1973)

James F. DEMPSEY, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 1973.

Attorney(s) appearing for the Case

Morton Orbach, Miami, Fla., Court-appointed for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before RIVES, WISDOM and RONEY, Circuit Judges.

PER CURIAM:

This is another habeas case in which the petitioner contends that the district court denied him relief without a hearing. We affirm, principally on Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770.

In 1969, James F. Dempsey, the petitioner, was convicted of second degree murder in a Florida state court and sentenced to a term of thirty-five years. His conviction was affirmed on direct appeal, Dempsey...

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