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SUTTON v. STATE OF MD.

No. 88-6619.

865 F.2d 608 (1989)

Clarence J. SUTTON, Petitioner-Appellee, v. STATE OF MARYLAND; Maryland House of Correction, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1989.

Order Granting Rehearing March 20, 1989.

Attorney(s) appearing for the Case

Mary Ellen Barbera, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, Office of Atty. Gen., Criminal Appeals Div., on brief), for respondents-appellants.

Laurin Mills, Student Counsel (Steven H. Goldblatt, Dori K. Bernstein, Maureen F. Del Duca, Supervising Attys., Catherine Pinkerton, Student Counsel, Appellate Litigation Program, Georgetown University Law Center on brief), for petitioner-appellee.

Before WINTER, Chief Judge, and SPROUSE and CHAPMAN, Circuit Judges.

Order Granting Rehearing In Banc March 20, 1989.*

HARRISON L. WINTER, Chief Judge:

The district court ruled that Clarence J. Sutton, a habeas petitioner who was convicted under Maryland law of common law assault, was entitled to a writ of habeas corpus to the extent that the fifteen-year sentence imposed on him exceeded the maximum penalty of ten years for the least aggravated form of...

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