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PHILLIPS v. CARDWELL

No. 72-2131.

482 F.2d 1348 (1973)

Louis PHILLIPS, Petitioner-Appellant, v. Harold J. CARDWELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1973.

Attorney(s) appearing for the Case

Leo H. Hildebrandt, Jr., (Court appointed) Cincinnati, Ohio, for petitioner-appellant.

Jeffrey L. McClelland, Asst. Atty. Gen., for respondent-appellee; William J. Brown, Atty. Gen., Columbus, Ohio, on brief.

Before PHILLIPS, Chief Judge, and WEICK and CELEBREZZE, Circuit Judges.

PER CURIAM.

Petitioner seeks reversal of the District Court's denial of the writ of habeas corpus. We affirm.

The Ohio state appellate courts reversed two counts of petitioner's three-count narcotics conviction. State v. Phillips, 27 Ohio St.2d 294, 272 N.E.2d 347 (1971). Petitioner here attacks the validity of the conviction on the third count, conspiracy to possess narcotics, under which he is presently incarcerated...

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