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MONACHELLI v. WARDEN, SCI GRATERFORD

No. 89-1127.

884 F.2d 749 (1989)

Robert MONACHELLI v. WARDEN, SCI GRATERFORD and the Attorney General of the Commonwealth of Pennsylvania and the District Attorney of Bucks County, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 11, 1989.

Attorney(s) appearing for the Case

Steven Harris (argued), C. Theodore Fritsch, Jr., Office of Dist. Atty., Doylestown, Pa., for appellants.

Peter Goldberger, Pamela A. Wilk (argued), Philadelphia, Pa., for appellee.

Before MANSMANN, SCIRICA and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal by the Warden, SCI Graterford, et al. (the "government") from the order of the district court granting the petitioner Robert Monachelli ("petitioner" or "Robert") a writ of habeas corpus. The district court had jurisdiction pursuant to 28 U.S.C. § 2254(a). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253.

I. BACKGROUND

The petitioner and his brother,...

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