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DeWITT v. VENTETOULO

No. 93-1002.

6 F.3d 32 (1993)

Fred DeWITT, Petitioner, Appellee, v. Donald VENTETOULO, Acting Director, Adult Correctional Institution, et al., Respondents, Appellees. Attorney General of Rhode Island, Appellant.

United States Court of Appeals, First Circuit.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Annie Goldberg, Asst. Atty. Gen., Appellate Div. with whom Jeffrey B. Pine, Atty. Gen., was on brief for appellant.

David A. Schechter with whom Margaret-Mary Hovarth was on brief, for appellee.

Before SELYA, CYR and BOUDIN, Circuit Judges.

BOUDIN, Circuit Judge.

The district court granted a writ of habeas corpus, which it stayed pending this appeal, ordering the release from state imprisonment of Fred E. DeWitt, 803 F.Supp. 580. The basis for the writ was the district court's decision that Rhode Island had acted unconstitutionally in increasing DeWitt's sentence and reimprisoning him after his release on parole. We agree with the district court's decision and affirm...

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