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UNITED STATES EX REL. FIELDS v. FITZPATRICK

No. 76-1494.

548 F.2d 105 (1977)

UNITED STATES of America ex rel. Edison M. FIELDS, F-3262, Appellee, v. FITZPATRICK, F. Emmett, District Attorney for the Commonwealth of Pennsylvania, and Jeffes, Glen R., Supt. State Corr. Inst., Dallas, Pennsylvania. Appeal of COMMONWEALTH OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Decided January 13, 1977.

Attorney(s) appearing for the Case

James A. Shellenberger, Asst. Dist. Atty., Bonnie Brigance Leadbetter, Steven H. Goldblatt, Abraham J. Gafni and F. Emmett Fitzpatrick, Philadelphia, Pa., for appellant.

Leonard L. Ettinger, Philadelphia, Pa., for appellee.

Before STALEY, HUNTER and GARTH, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

This appeal from the grant of a writ of habeas corpus raises the issue of whether there is a constitutional right to be sentenced by the same judge who presided at trial. The district court held there is such a right. We disagree, and vacate the grant of the writ.

I

Edison M. Fields was arrested in Philadelphia, in September, 1972, on charges of rape and related offenses. Motions to suppress certain evidence were...

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