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UNITED STATES EX REL. MOORE v. FIKE

No. 75-1710.

538 F.2d 1301 (1976)

UNITED STATES of America ex rel. Arthur MOORE, Petitioner-Appellant, v. James C. FIKE, Warden, Illinois State Penitentiary, Pontiac Branch, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 3, 1976.

Attorney(s) appearing for the Case

Leonard L. Cavise, Chicago, Ill., for petitioner-appellant.

William J. Scott, Atty. Gen., Donald Hubert, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before HASTINGS, Senior Circuit Judge, BAUER, Circuit Judge, and WYZANSKI, Senior District Judge.

WYZANSKI, Senior District Judge.

In this habeas corpus proceeding the petitioner, a prisoner, under sentence imposed by the Illinois state court and now in the custody of defendant, the warden of the Illinois State Penitentiary, alleges that he did not waive allocution before sentencing, and that he was denied the effective assistance of counsel guaranteed to him by the Fourteenth Amendment inasmuch as he and his counsel had no real opportunity to offer evidence in...

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