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COLSON v. JOYCE

No. 86-2006.

816 F.2d 29 (1987)

James R. COLSON, Plaintiff, Appellee, v. Martin JOYCE, Sheriff of Cumberland County, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 17, 1987.

Attorney(s) appearing for the Case

James A. McKenna, Asst. Atty. Gen., with whom James E. Tierney, Atty. Gen., Augusta, Me., was on brief, for defendants, appellants.

Stanley Greenberg, Portland, Me., for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BOWNES and SELYA, Circuit Judges.

PER CURIAM.

This is an appeal by the State of Maine from the grant of a petition for habeas corpus by the district court. The case involves the application of a Maine criminal statute, Me.Rev.Stat.Ann. tit. 17-A, § 1304, which provides in pertinent part:

§ 1304. Default in payment of fines 1. When a convicted person sentenced to pay a fine defaults in the payment thereof or of any...

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