UNITED STATES EX REL. BRACEY v. FAIRMAN

No. 82-2576.

712 F.2d 315 (1983)

UNITED STATES of America, ex rel. James BRACEY, Petitioner-Appellee, v. J.W. FAIRMAN and Tyrone C. Fahner, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1983.


Attorney(s) appearing for the Case

Sam Adam, Chicago, Ill., for petitioner-appellee.

Ellen M. Flaum, Chicago, Ill., for respondents-appellants.

Before CUMMINGS, Chief Judge, and NICHOLS and PELL, Circuit Judges.


NICHOLS, Circuit Judge.

In this case the appellee, James Bracey, a state prisoner, petitioned for habeas corpus. A United States district judge, by unpublished memorandum and order, granted the writ and ordered the respondents to release the petitioner unless they retried him within 120 days. We reverse.

The case is unusual and there is no precedent on its exact facts. James Bracey was convicted of attempted murder, "aggravated battery," and "armed violence...

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