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McQUOID v. SMITH

No. 77-1035.

556 F.2d 595 (1977)

Raymond A. McQUOID, Petitioner, Appellant, v. Joseph A. SMITH, Sheriff, County of Worcester, Commonwealth of Massachusetts, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 3, 1977.

Attorney(s) appearing for the Case

Mel L. Greenberg, Worcester, Mass., with whom Teshoian, Greenberg & Drapos, Worcester, Mass., was on brief, for appellant.

John J. Bonistalli, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Stephen R. Delinsky, Asst. Atty. Gen., Chief, Crim. Bureau, and Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim., Appellate Section, Boston, Mass., were on brief, for appellee.

Before COFFIN, Chief Judge, MARKEY, Chief Judge, and CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Appellant McQuoid brought this petition for habeas corpus in the district court alleging that his one-year mandatory minimum sentence for carrying a firearm without a license, see Mass.Gen.Laws Ann. c. 269, § 10(a) (1976 Supp.), constitutes cruel and unusual punishment and denies him equal protection of the laws. In a supporting memorandum, he claimed further that imposition of the one-year irreducible sentence violates...

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