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LOVETT v. BUTTERWORTH

No. 79-1419.

610 F.2d 1002 (1979)

Walter J. LOVETT, Jr., Petitioner, Appellant, v. Fred BUTTERWORTH, Superintendent, Massachusetts Correctional Institution at Walpole, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 13, 1979.

Attorney(s) appearing for the Case

Matthew H. Feinberg, Boston, Mass., by appointment of the Court, with whom Kassler, Feinberg & Feuer, Boston, Mass., was on brief, for petitioner, appellant.

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

Before CAMPBELL and BOWNES, Circuit Judges, and BONSAL, Senior District Judge.

BONSAL, District Judge.

Walter J. Lovett, Jr. appeals from the denial by the district court of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He currently is serving a ten-to-twenty-year sentence in the Massachusetts penitentiary at Walpole. His appeal presents questions of importance regarding the scope of the due process clause of the fourteenth amendment.1

I

On June 17, 1975, a complaint...

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