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ZANNINO v. ARNOLD

No. 75-2101.

531 F.2d 687 (1976)

ZANNINO, Ilario, v. ARNOLD, Floyd E., Warden, U.S. Penitentiary, and Sigler, Maurice H., Chairman, U.S. Board of Parole. Appeal of UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Decided February 19, 1976.

Attorney(s) appearing for the Case

Richard L. Thornburgh, Asst. Atty. Gen., Robert L. Keuch & Patrick J. Glynn, Attys., Dept. of Justice, Washington, D. C., Sal Cognetti, Jr., Asst. U. S. Atty., Scranton, Pa., Robert F. Haley, II, Philadelphia Strike Force, Dept. of Justice, Philadelphia, Pa., for appellant.

Francis J. DiMento, DiMento & Sullivan, Boston, Mass., for appellee.

Before VAN DUSEN, ADAMS and WEIS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

As of April 7, 1975, when the petition for a writ of habeas corpus now before the court was filed, petitioner, Ilario Zannino, had been confined for approximately 34 months and was then incarcerated in the U. S. Penitentiary at Lewisburg, Pa., where he was serving a six-year sentence1 for transporting goods in interstate commerce, knowing the same to have been stolen, in violation...

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