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UNITED STATES EX REL. FERRIS v. FINKBEINER

No. 76-1078.

551 F.2d 185 (1977)

UNITED STATES of America ex rel. Arthur Decar FERRIS, Petitioner-Appellant, v. Fred L. FINKBEINER and State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 23, 1977.

As Amended March 30, 1977.

Attorney(s) appearing for the Case

Prof. Charles F. Crutchfield, Prof. Conrad Kellenberg, John Mazza, Law Student, on the brief, Notre Dame, Ind., for petitioner-appellant.

Arthur Decar Ferris, pro se.

William J. Scott, Atty. Gen., James B. Zagel, Victor M. Pilolla, Asst. Attys. Gen., Chicago, Ill., for respondents-appellees.

Before FAIRCHILD, Chief Judge, HASTINGS, Senior Circuit Judge, and SWYGERT, Circuit Judge.

PER CURIAM.

In May 1974 appellant Arthur Decar Ferris pled guilty to two counts of armed robbery in Illinois Circuit Court. The Illinois State's Attorney had made a plea agreement for a sentence of from five to ten years. The state court followed this recommendation and petitioner was sentenced to five to ten years imprisonment. Illinois law, Ill.Rev.Stat. Ch. 38, § 1005-8-3, requires a mandatory parole term of five...

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