UNITED STATES EX REL. GAUGLER v. BRIERLEY

No. 72-1262.

477 F.2d 516 (1973)

UNITED STATES of America ex rel. Gilbert John GAUGLER, Appellant, v. Joseph BRIERLEY, Superintendent, State Correctional Institution at Pittsburgh.

United States Court of Appeals, Third Circuit.

Decided April 16, 1973.


Attorney(s) appearing for the Case

H. David Rothman, Pittsburgh, Pa., for appellant.

J. Kent Culley, Asst. Dist. Atty., Appeals Section, Robert W. Duggan, Carol Mary Los, J. Kent Culley, Pittsburgh, Pa., for appellee.

Before KALODNER, ADAMS and ROSENN, Circuit Judges.


OPINION OF THE COURT

KALODNER, Circuit Judge.

The relator Gaugler is now serving a two to four year sentence imposed by a Pennsylvania court following his conviction for burglary and larceny.

On July 16, 1971, fifteen days after he commenced serving his sentence, the relator filed a petition for a writ of habeas corpus in the District Court challenging the validity of his conviction and confinement on the ground that the state trial court had erred...

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