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JONES v. BLANKENSHIP

No. 78-6561.

602 F.2d 650 (1979)

Carson Alvin JONES, # 106449, Appellee, v. W. D. BLANKENSHIP, Superintendent, Bland Correctional Center, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1979.

Attorney(s) appearing for the Case

Jerry P. Slonaker, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Virginia, Richmond, Va., on brief), for appellant.

David A. Melesco and Willard R. Finney, Rock Mount, Va., for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.

BRYAN, Senior Circuit Judge:

On his petition, Carson Alvin Jones was granted habeas corpus by the District Court, September 5, 1978, directing his release from the custody of the Superintendent of the Bland Correctional Center, a Virginia penal institution. Jones' claim for release, upheld by the District Court, was bedded on the assertion that his conviction and commitment to the Center constituted a deprivation of the right guaranteed by the Fifth Amendment that...

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