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DAMIANO v. GAUGHAN

No. 84-1771.

770 F.2d 1 (1985)

Frank L. DAMIANO, Petitioner, Appellant, v. Charles GAUGHAN, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided August 8, 1985.

Attorney(s) appearing for the Case

John Lawlor, Jr., Boston, Mass., by appointment of the Court, with whom Moos & Lawlor, Boston, Mass., was on brief for petitioner, appellant.

Barbara A.H. Smith, Asst. Atty. Gen., Chief, Crim. Appellate Div., with whom Francis X. Bellotti, Atty. Gen., was on brief for respondents, appellees.

Before COFFIN, BOWNES and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is a habeas corpus action brought under 28 U.S.C. § 2254 in the United States District Court for the District of Massachusetts to test whether (1) appellant Damiano's guilty pleas to state criminal charges were unconstitutionally coerced, and (2) the sentences imposed on him by the state trial judge were constitutionally invalid because vindictive. The district court, 592 F.Supp. 1222 (D.Mass.1984...

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