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UNITED STATES EX REL. CANNON v. SMITH

No. 77, Docket 75-2056.

527 F.2d 702 (1975)

UNITED STATES ex rel. Alton CANNON, Appellee, v. Harold J. SMITH, Superintendent, Attica Correctional Facility, Attica, New York, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 18, 1975.

Attorney(s) appearing for the Case

Melvin Bressler, Rochester, N. Y. (Jack B. Lazarus, Dist. Atty. of Monroe County, N. Y., on the brief), for appellant.

Frederick A. Provorny, Washington, D. C., for appellee.

Before MOORE, FEINBERG and VAN GRAAFEILAND, Circuit Judges.

FEINBERG, Circuit Judge:

Two years ago, this court heard an appeal by Alton Cannon, a prisoner in state custody, from the denial by the United States District Court for the Western District of New York of his petition for a writ of habeas corpus. Cannon attacked his state conviction of first degree rape on a number of grounds, all but one of which we rejected. United States ex rel. Cannon v. Montanye, 486 F.2d 263 (1973), cert...

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