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GOMES v. GAUGHAN

No. 72-1270.

471 F.2d 794 (1973)

Anivel J. GOMES, Petitioner-Appellant, v. Charles W. GAUGHAN, Superintendent, etc., Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided January 4, 1973.

Attorney(s) appearing for the Case

Michael S. Field, Boston, Mass., by appointment of the Court, with whom Field, Rudnitsky, Mullane & Schultz, Boston, Mass., was on brief, for appellant.

Charles E. Chase, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., and John J. Irwin, Jr., Asst. Atty. Gen., Chief, Criminal Division were on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

CAMPBELL, Circuit Judge.

Anivel J. Gomes sought release from the Massachusetts Correctional Institution (M.C.I.) Bridgewater Treatment Center by petition for habeas corpus in the district court.1 The district court dismissed on the ground, as we understand it, that petitioner had failed to state a claim. Gomes appeals raising questions under the double jeopardy clause of the Fifth Amendment, the Sixth Amendment right-to-counsel guarantee...

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