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LEVINE v. PEYTON

No. 13127.

444 F.2d 525 (1971)

Joseph LEVINE, Appellee, v. Courtland C. PEYTON, Superintendent of the Virginia State Penitentiary, Appellant.

United States Court of Appeals, Fourth Circuit.

July 2, 1971.

Attorney(s) appearing for the Case

Reno S. Harp, III, Asst. Atty. Gen., for appellant.

George G. Grattan, IV, Richmond, Va., on the brief, for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.

PER CURIAM:

The Commonwealth of Virginia appeals from an order of the district court granting habeas corpus relief to Joseph Levine. We affirm.

After our opinions in Patton v. North Carolina, 381 F.2d 636 (4th Cir. 1967), and May v. Peyton, 398 F.2d 476 (4th Cir. 1968), the district court found that Levine's constitutional rights had been violated by the imposition of a harsher sentence by...

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