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FLACK v. SIZER

No. 16264.

322 S.E.2d 850 (1984)

Tammy Denise FLACK v. Gwynne SIZER and W. Joseph McCoy, Commissioner, Department of Corrections.

Supreme Court of Appeals of West Virginia.

November 14, 1984.

Attorney(s) appearing for the Case

George Castelle, Charleston, for petitioner.

David A. Faber and Marye L. Wright, Asst. U.S. Attys., Charleston, for respondent Sizer.

Silas B. Taylor, Asst. Atty. Gen., Charleston, for respondent McCoy.

HARSHBARGER, Justice:

In this original proceeding in habeas corpus, the relator, Tammy Denise Flack, challenges the validity of the sentence imposed upon her by the Circuit Court of Raleigh County that resulted in her imprisonment at the Federal Correctional Institution at Alderson for an indeterminate term of one to ten years. She posits that her sentence violates her equal protection rights under the federal and state constitutions.1

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