LANE v. HANBERRY

No. 79-1048. Summary Calendar.

601 F.2d 805 (1979)

Sam LANE, Jr., Petitioner-Appellant, v. Jack A. HANBERRY, Warden, U. S. Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 29, 1979.


Attorney(s) appearing for the Case

Sam Lane, Jr., pro se.

William L. Harper, U. S. Atty., Oliver B. Dickins, Jr., Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before GOLDBERG, RONEY and TJOFLAT, Circuit Judges.


GOLDBERG, Circuit Judge:

Sam Lane, Jr., a federal prisoner in the United States Penitentiary in Atlanta, appeals from the denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2241 in the United States District Court for the Northern District of Georgia. He contends that there was a variance between the crime alleged in his indictment and the crime charged to the jury and that this variance was in violation of his constitutional right to due process...

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