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UNITED STATES v. HORSLEY

No. 78-2015.

599 F.2d 1265 (1979)

UNITED STATES of America, Appellee, v. Howard HORSLEY, Ronald Miller a/k/a Bugs. Appeal of Howard HORSLEY.

United States Court of Appeals, Third Circuit.

Reargued May 17, 1979.

Decided June 7, 1979.

Attorney(s) appearing for the Case

Edward J. Schwabenland, Asst. U. S. Atty. (argued), Robert J. Cindrich, U. S. Atty., Faye M. Gardner, Asst. U. S. Atty., Blair A. Griffith, U. S. Atty., David B. Atkins, Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

G. William Bills, Jr. (argued), Sally A. Frick, Pittsburgh, Pa., for appellant.

Reargued En Banc May 17, 1979

OPINION OF THE COURT

Argued Jan. 9, 1979

Before HUNTER and GARTH, Circuit Judges, and LAYTON,* District Judge.

Reargued En Banc May 17, 1979

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH, and HIGGINBOTHAM, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

Howard Horsley appeals from the denial of his habeas corpus petition, which was brought under 28 U.S.C...

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