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UNITED STATES EX REL. ALLEN v. FRANZEN

No. 78-2140.

659 F.2d 745 (1981)

UNITED STATES of America ex rel. Eddie ALLEN, Petitioner-Appellee, v. Gayle M. FRANZEN, Director, Department of Corrections, and Thaddeus Pinkney, Warden, Pontiac Correctional Center, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing and Rehearing Denied November 19, 1981.

Attorney(s) appearing for the Case

Patrick J. Calihan, Timothy B. Newitt, Donald B. Mackay, Asst. Attys. Gen., Crim. Justice Div., Chicago, Ill., for petitioner-appellee.

Ralph Ruebner, Deputy State Appellate Defender, Chicago, Ill., for respondents-appellants.

Before LAY, Chief Judge, SWYGERT, Senior Circuit Judge, and PELL, Circuit Judge.

Rehearing and Rehearing En Banc Denied November 19, 1981.

SWYGERT, Senior Circuit Judge.

Petitioner Eddie Allen was convicted of murder in a jury trial in Peoria County, Illinois, and was sentenced to a prison term of eighteen to fifty years. The conviction was affirmed by the Illinois Appellate Court, Third Judicial District, People v. Allen, 37 Ill.App.3d 619, 346 N.E.2d 486<...

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