UNITED STATES EX REL. PEEPLES v. GREER

No. 83-2035.

566 F.Supp. 580 (1983)

UNITED STATES of America, ex rel. Phillip PEEPLES, Petitioner, v. James GREER, et al., Respondents.

United States District Court, C.D. Illinois, Danville Division.

June 14, 1983.


Attorney(s) appearing for the Case

Charles M. Schiedel, Asst. State Appellate Defender, Daniel Yuhas, Deputy State Appellate Defender, Springfield, Ill., for petitioner.

James V. Cinotto, Asst. Atty. Gen., Springfield, Ill., for respondents.


ORDER

BAKER, District Judge.

This case raises the question of whether the due process clause of the Fourteenth Amendment prevents the imposition of an extended term of imprisonment under sentencing procedures which create a substantial risk that the term will be imposed in an arbitrary and capricious manner.

The petitioner, Phillip Peeples, is an indigent inmate at Menard Correctional Center. He has petitioned for a writ of habeas corpus pursuant...

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