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UNITED STATES EX REL. NEWELL v. MIZELL

No. 80-2669.

667 F.2d 1247 (1982)

UNITED STATES of America, ex rel., Richard J. NEWELL, Petitioner-Appellee, v. Larry MIZELL, et al., Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1982.

Rehearing and Rehearing Denied May 10, 1982.

Attorney(s) appearing for the Case

Douglas D. Mustain, Jenner & Block, Chicago, Ill., for petitioner-appellee.

Cathy Ann Pilkington, Asst. Atty. Gen., State of Illinois, Chicago, Ill., for respondents-appellants.

Before CUMMINGS, Chief Judge, SPRECHER, Circuit Judge, and GRANT, Senior District Judge.

Rehearing and Rehearing In Banc Denied May 10, 1982.

SPRECHER, Circuit Judge.

We reverse the granting of a writ of habeas corpus because, after viewing the evidence in the light most favorable to the prosecution, we cannot conclude that any rational trier of fact could not have found the essential elements of the crime beyond a reasonable doubt.

I

The petitioner, Richard J. Newell, was found guilty of possession of more than 500 grams of...

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