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SPIEGEL v. SANDSTROM

No. 80-5102.

637 F.2d 405 (1981)

Frederick SPIEGEL, Petitioner-Appellee, v. Jack SANDSTROM, Director, Department of Corrections, Dade County, Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied March 19, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Dept. of Legal Affairs, Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Pearson & Josefsberg, Bruce S. Rogow, Miami, Fla., for petitioner-appellee.

Before KRAVITCH and FRANK M. JOHNSON, Jr., Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied March 19, 1981.

ALLGOOD, District Judge:

Frederick Spiegel was convicted by a Florida jury of battery and sentenced by the court to one year in the county jail. His conviction and sentence was affirmed by the Florida appellate court. Spiegel v. State, 356 So.2d 1247 (Fla. 3rd D.C.A. 1978). A petition for rehearing and extraordinary motion to remand for resentencing was

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