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RICHARD v. CALLAHAN

No. 83-1370.

723 F.2d 1028 (1983)

Lester J. RICHARD, Jr., Petitioner, Appellant, v. William F. CALLAHAN, Jr., et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided December 27, 1983.

Attorney(s) appearing for the Case

John P. Osler, Boston, Mass., for petitioner, appellant.

Linda G. Katz, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, Mass., and Barbara A.H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Division, Boston, Mass., were on brief, for respondents, appellees.

Before CAMPBELL, Chief Judge, TIMBERS, Senior Circuit Judge, and BOWNES, Circuit Judge.

TIMBERS, Circuit Judge.

Petitioner, Lester J. Richard, Jr., a Massachusetts state prisoner, appeals from a judgment entered March 31, 1983 in the District Court for the District of Massachusetts dismissing his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 (1976). The petition challenged, as violative of the due process and double jeopardy clauses of the United States Constitution, consecutive sentences petitioner is serving for second...

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