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HANSON v. CIRCUIT COURT OF FIRST JUDICIAL CIRCUIT

No. 78-1296.

591 F.2d 404 (1979)

Kenneth Warren HANSON, Petitioner-Appellant, v. CIRCUIT COURT OF the FIRST JUDICIAL CIRCUIT OF ILLINOIS, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Hazel Fisher, Certified Senior Law Student, Northwestern University Legal Clinic, Chicago, Ill., for petitioner-appellant.

Fred H. Montgomery, Asst. Atty. Gen., Chicago, Ill., for respondent-appellee.

Before FAIRCHILD, Chief Judge, and PELL and WOOD, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

The petitioner, Kenneth Warren Hanson, appeals to this court from the trial court's dismissal of his petition for a writ of habeas corpus. Three questions are raised. First, is a fine-only conviction a sufficient restraint on liberty to constitute "custody" within the meaning of the federal habeas corpus statute, 28 U.S.C. § 2254? Second, if not, does the consideration of one state...

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