UNITED STATES v. RATHBURN

Crim. A. No. 6535.

472 F.Supp. 17 (1979)

UNITED STATES of America v. Dennis William RATHBURN.

United States District Court, D. Vermont.

May 3, 1979.


Attorney(s) appearing for the Case

David W. Curtis, Corrections Defender, Montpelier, Vt., for petitioner.

Jerome J. Niedermeier, Asst. U. S. Atty., Rutland, Vt., for respondent.


MEMORANDUM OF DECISION

HOLDEN, Chief Judge.

Petitioner has applied for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2255, claiming that his 1967 conviction in the United States District Court for the District of Vermont was obtained in violation of the constitutional prohibition against double jeopardy.

By interlocutory order the petitioner's request for assignment of counsel under the Criminal Justice Act was granted. The Government responded...

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