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ROBERTS v. COLLINS

Nos. 76-1080, 76-1081.

544 F.2d 168 (1976)

Robert ROBERTS, Appellee, v. George COLLINS, Warden, Maryland Penitentiary, Appellant. Robert ROBERTS, Appellant, v. George COLLINS, Warden, Maryland Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 28, 1976.

Attorney(s) appearing for the Case

Phillip G. Dantes and Michael Millemann, Baltimore, Md. [both Court-appointed counsel], for Robert Roberts; Peter S. Smith, Baltimore, Md., Katherine Lewis and Joel A. Smith, Law Students, on brief.

James G. Klair and Bruce C. Spizler, Asst. Attys. Gen. of Md., Baltimore, Md., for George Collins.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

PER CURIAM:

Sentenced in a state court to two successive terms of twenty years each upon pleas of guilty to two charges of simple assault, the defendant asserted a denial of his Eighth Amendment rights, derived through the Fourteenth Amendment, to be free of cruel and unusual punishment. The district court held the sentences invalid to the extent that they exceed the statutory maximum of fifteen years which may be imposed upon a conviction of assault with intent to...

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