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SALAMA v. COM. OF VA.

No. 78-6588.

605 F.2d 1329 (1979)

Joseph S. SALAMA, Appellant, v. COMMONWEALTH OF VIRGINIA, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1979.

Attorney(s) appearing for the Case

K. Dennis Sisk, Richmond, Va. (John B. Vinson, Hunton & Williams, Richmond, Va., on brief), for appellant.

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

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

FIELD, Senior Circuit Judge:

On March 24, 1978, Joseph J. Salama, was convicted in the Circuit Court of Fairfax County, Virginia, of statutory rape and distribution of a controlled drug, and on June 8, 1978, he filed a petition for habeas corpus relief in the Eastern District of Virginia. The Commonwealth filed a motion to dismiss upon the ground that the petitioner had failed to exhaust his available state remedies, alleging that he had instituted no state habeas...

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