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UNITED STATES EX REL. WELCH v. LANE

No. 83-2595.

738 F.2d 863 (1984)

UNITED STATES of America, ex rel., Vance WELCH, Petitioner-Appellee, v. Michael LANE, Director, Illinois Department of Corrections, & Kenneth McGinnis, Warden, Pontiac Correctional Center, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided July 5, 1984.

Attorney(s) appearing for the Case

Michael V. Accettura, Asst. Atty. Gen., Chicago, Ill., for respondents-appellants.

Gordon H. Berry, Asst. State Appellate Defender, Chicago, Ill., for petitioner-appellee.

Before WOOD, CUDAHY and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

The district court granted a petition for a writ of habeas corpus requiring resentencing because petitioner's due process rights were violated when he was sentenced on the basis of substantially inaccurate information. See United States v. Tucker, 404 U.S. 443, 447, 92 S.Ct. 589, 591, 30 L.Ed.2d 592 (1972); Townsend v. Burke, 334 U.S. 736, 741, 68 S.Ct. 1252, 1255...

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