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UNITED STATES v. PEOPLE OF THE STATE OF ILLINOIS

No. 72-1077.

473 F.2d 1382 (1973)

UNITED STATES of America, ex rel. Walter MONTGOMERY, Plaintiff-Appellee, v. PEOPLE OF the STATE OF ILLINOIS, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1973.

Attorney(s) appearing for the Case

Frederick F. Cohn, Chicago, Ill., for defendants-appellants.

William J. Scott, Atty. Gen., E. James Gildea, Asst. Atty. Gen., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and STEVENS and SPRECHER, Circuit Judges.

PER CURIAM.

In 1958, petitioner pleaded guilty in state court to charges of murder, rape on two occasions, and attempted rape. Before accepting the pleas, the presiding judge advised petitioner what the maximum sentence on each charge could be: death or "any number of years" in prison on the murder charge, life on each of the rape charges, and 14 years on the attempted rape charge.

The court then imposed the following...

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