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MOMIENT-EL v. DeTELLA

No. 96-2050.

118 F.3d 535 (1997)

Lee MOMIENT-EL, Petitioner-Appellee, v. George E. DeTELLA, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 1, 1997.

Attorney(s) appearing for the Case

Douglas P. Roller (argued), Roller & Associates, Chicago, IL, for Petitioner-Appellee.

Michael M. Glick (argued), Office of the Attorney General, Chicago, IL, for Respondent-Appellant.

Before POSNER, Chief Judge, CUMMINGS and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Respondent George E. DeTella, Warden of Stateville Correctional Center, appeals from the judgment of the district court granting petitioner Lee Momient-El's petition for a writ of habeas corpus under 28 U.S.C. § 2254 and ordering the state of Illinois to resentence petitioner. Momient-El was convicted in 1977 by a jury of attempted murder and aggravated battery for shooting a Chicago police officer, and was sentenced on the attempted murder...

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