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WASHINGTON v. REGAN

No. 74-1598.

510 F.2d 1126 (1975)

Joseph W. WASHINGTON, Petitioner-Appellee, v. Vincent J. REGAN, Superintendent of Leesburg State Prison, Respondent-Appellant.

United States Court of Appeals, Third Circuit.

Decided February 10, 1975.

Attorney(s) appearing for the Case

William F. Hyland, Atty. Gen. of N. J., Trenton, N. J., Lowell Espey, Deputy Atty. Gen., Div. of Criminal Justice, East Orange, N. J., for respondent-appellant.

Norman L. Zlotnick, Perskie and Callinan, P. A., Wildwood, N. J., for petitioner-appellee.

Before ALDISERT, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

This is a habeas corpus case in which the United States District Court ordered that a state prisoner's sentence be vacated and that on resentencing in the state court the trial judge give the reasons for his action. At the time a prison term was originally imposed, the defendant was classified as a multiple offender under New Jersey law, but after discovering that such a designation was erroneous, the state court...

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