ARMOUR v. SALISBURY

No. 73-1315.

492 F.2d 1032 (1974)

Fred ARMOUR, Petitioner-Appellee, v. W. D. SALISBURY, Superintendent, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 20, 1974.


Attorney(s) appearing for the Case

Jack H. Cook, Columbus, Ohio, for respondent-appellant; William J. Brown, Atty. Gen., Jeffrey L. McClelland, Asst. Atty. Gen., Columbus, Ohio, on brief.

Michael E. Geltner, ACLU of Ohio, Columbus, Ohio, for American Civil Liberties Union, amicus curiae.

Lucas, Prendergast, Albright, Gibson, Brown & Newman, Timothy J. Ucker (court-appointed), Columbus, Ohio, on brief, for petitioner-appellee.

Before WEICK, PECK and MILLER, Circuit Judges.


WILLIAM E. MILLER, Circuit Judge.

In May of 1968 the appellee was convicted in an Ohio state court on counts II and IV of a four-count indictment charging various narcotics violations. He was given an indeterminate sentence under count II, charging illegal possession of marijuana, of 2-15 years, and a sentence under count IV, charging an illegal sale of the same drug, of 20-40 years. The sentences were to run consecutively. After exhausting state remedies, appellee...

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