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UNITED STATES v. PRASSE

Misc. No. 3635.

277 F.Supp. 391 (1967)

UNITED STATES of America ex rel. Melvin SMITH v. Arthur T. PRASSE, Commissioner, Bureau of Correction.

United States District Court E. D. Pennsylvania.

December 14, 1967.

Attorney(s) appearing for the Case

Neil Leibman, Philadelphia, Pa., for petitioner.

Charles A. Haddad, Asst. Dist. Atty., Philadelphia, Pa., for respondent.

MEMORANDUM AND ORDER

JOSEPH S. LORD, III, District Judge.

Relator, in his habeas corpus petition, asks us to set bail while he appeals his state court conviction. The state courts have refused his request for bail.

Habeas corpus relief is only available where one has been deprived of a constitutional right. Relator claims that the state courts' denial of his request for bail violated his rights under the Eighth Amendment. This contention raises two...

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