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OUIMETTE v. MORAN

No. 91-1213.

942 F.2d 1 (1991)

John F. OUIMETTE, Plaintiff, Appellee, v. John MORAN, Director of the Department of Corrections, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 6, 1991.

Attorney(s) appearing for the Case

Caroline C. Cornwell, Sp. Asst. Atty. Gen., with whom Walter Gorman, Sp. Asst. Atty. Gen., and James E. O'Neil, Atty. Gen., were on brief, for defendant, appellant.

Allegra E. Munson with whom John A. Baccari was on brief, for plaintiff, appellee.

Before BREYER, Chief Judge, BOWNES, Senior Circuit Judge, and CAFFREY, Senior District Judge.

BOWNES, Senior Circuit Judge.

The state of Rhode Island appeals the federal grant of a writ of habeas corpus ordering unconditional release of petitioner John F. Ouimette. Ouimette was convicted in 1976 for robbery and conspiracy to commit robbery and sentenced to life imprisonment then resentenced in 1983 to a forty-five-year term with fifteen years suspended. The state presents three related issues: (1) whether it was clearly erroneous for the federal magistrate...

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