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MARCHESANI v. McCUNE

No. 75-1325.

531 F.2d 459 (1976)

Bernard MARCHESANI, Appellant, v. Sub Nom. Gary McCUNE, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 17, 1976.

Attorney(s) appearing for the Case

James R. Andary, Hall & Andary, Detroit, Mich., for appellant.

Mary K. Briscoe, Asst. U.S. Atty., Topeka, Kan. (E. Edward Johnson, U.S. Atty., Topeka, Kan., on the brief), for appellee.

Before HOLLOWAY, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Bernard Marchesani appeals from the dismissal of his petition for habeas corpus wherein he seeks review of two 1971 convictions of conspiracy to collect and attempting to collect an extension of credit by extortionate means in violation of 18 U.S.C. § 894. He is incarcerated in the United States Penitentiary located at Leavenworth, Kansas.

Marchesani alleges that he has been denied due process rights guaranteed him in the Fifth...

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