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STIRONE v. MARKLEY

No. 14846.

345 F.2d 473 (1965)

Nicholas A. STIRONE, Petitioner-Appellant, v. T. W. MARKLEY, Warden, United States Penitentiary, Terre Haute, Indiana, Respondent-Appellee.

United States Court of Appeals Seventh Circuit.

April 8, 1965.

Attorney(s) appearing for the Case

N. George Nasser, Edward L. Hamilton, Terre Haute, Ind., Lloyd F. Engle, Jr., Wilner, Wilner & Kuhn, Pittsburgh, Pa., for plaintiff-appellant.

Richard P. Stein, U. S. Atty., David W. Mernitz, Asst. U. S. Atty., Southern District of Indiana, Indianapolis, Ind., for respondent-appellee.

Before HASTINGS, Chief Judge, SCHNACKENBERG and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This is an appeal from the denial of a petition for the issuance of a writ of habeas corpus. Petitioner Nicholas A. Stirone is serving a ten-year sentence of imprisonment in the United States Penitentiary at Terre Haute, Indiana. He had been convicted in October, 1961 in the Western District of Pennsylvania under an indictment charging him with extortion.

In July, 1963 petitioner filed in the sentencing court a motion under the provisions...

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