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ROBINSON v. BERMAN

No. 78-1367.

594 F.2d 1 (1979)

Earle R. ROBINSON, Petitioner-Appellant, v. Louis BERMAN, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided March 23, 1979.

Attorney(s) appearing for the Case

Willie J. Davis, Boston, Mass. by appointment of the Court, on brief for petitioner-appellant.

Robert S. Potters, Asst. Atty. Gen., Criminal Division, Francis X. Bellotti, Atty. Gen., and Stephen R. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, Mass., on brief, for respondent-appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

On November 10, 1975, petitioner-appellant, Earle R. Robinson, forced a fifteen year old male hitchhiker to commit fellatio at knifepoint and was sentenced to state prison for violating Mass.Gen.Laws ch. 265, § 22A, which prohibits "sexual intercourse or unnatural sexual intercourse with a child under sixteen ... by force and against his will or ... by threat of bodily injury." He brought a petition for a writ of habeas corpus under 28...

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