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TARRANT v. PONTE

No. 84-1392.

751 F.2d 459 (1985)

John TARRANT, Petitioner, Appellee, v. Joseph PONTE, et al., Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided January 4, 1985.

Attorney(s) appearing for the Case

Linda G. Katz, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, and Barbara A.H. Smith, Asst. Attys. Gen., Boston, Mass., were on brief, for respondents, appellants.

Carol Donovan, Boston, Mass., with whom Robert Sheketoff, and Zalkind & Sheketoff, Boston, Mass., were on brief, for petitioner, appellee.

Before CAMPBELL, Chief Judge, COWEN, Senior Circuit Judge, and BREYER, Circuit Judge.

LEVIN H. CAMPBELL, Chief Judge.

This is an appeal regarding habeas corpus relief granted in the United States District Court for the District of Massachusetts. Petitioner was convicted and sentenced in the Massachusetts Superior Court for, inter alia, two counts of armed robbery. The district court, 586 F.Supp. 1369, set aside the conviction and sentence on one of these counts as violative of the double jeopardy clause of the...

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