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BUFALINO v. RENO

No. 79-1040.

613 F.2d 568 (1980)

Russell BUFALINO, Petitioner-Appellee, v. Janet RENO, State Attorney for the Eleventh Judicial Circuit of Florida; The Honorable Natalie Baskin, Circuit Court Judge, Dade County, Florida; E. Wilson Purdy, Director of Dade County Public Safety Department; The Director of the Dade County Jail, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

March 13, 1980.

Attorney(s) appearing for the Case

Arthur Joel Berger, Bayard W. Heath, Asst. State's Attys., Miami, Fla., for respondents-appellants.

Wilfred L. Davis, New York City, Charles P. Gelso, Wilkes-Barre, Pa., Max Lurie, Miami, Fla., for petitioner-appellee.

Before TUTTLE, BROWN and TATE, Circuit Judges.

TATE, Circuit Judge:

The petitioner seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254 to invalidate his Florida direct criminal contempt conviction. The writ was granted by the federal district court on the grounds that petitioner's state court contempt conviction was obtained in violation of due process of law and that the Florida state court had no jurisdiction to try and sentence a federal prisoner for criminal contempt under a writ of habeas...

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