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ANDERSON v. WARDEN, MARYLAND PENITENTIARY

Nos. 81-6626, 81-6627.

696 F.2d 296 (1982)

Roland ANDERSON, # 115181, Appellee, v. WARDEN, MARYLAND PENITENTIARY, Appellant. Roland ANDERSON, # 115181, Appellant, v. WARDEN, MARYLAND PENITENTIARY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Bruce C. Bereano, Annapolis, Md., for appellee/cross-appellant.

Patricia E. McDonald, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen. of Md., Baltimore, Md., on brief), for appellant/cross-appellee.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges, and FIELD, Senior Circuit Judge, sitting en banc.

Heard En Banc October 5, 1982.

SPROUSE, Circuit Judge:

Roland Anderson was found guilty of rape, felony murder and burglary by a jury in the State of Maryland and sentenced to life imprisonment by the state court in 1970. The convictions for rape and burglary were later vacated by a state court applying double jeopardy principles barring multiple punishments, but Anderson remains incarcerated on the felony murder conviction. The United States District Court...

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