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UNITED STATES EX REL. CUNNINGHAM v. CUYLER

Civ. A. No. 79-2380.

479 F.Supp. 765 (1979)

UNITED STATES of America ex rel. James T. CUNNINGHAM v. Julius T. CUYLER, Superintendent, State Correctional Institution, Graterford, Pennsylvania, et al.

United States District Court, E. D. Pennsylvania.

October 31, 1979.

Attorney(s) appearing for the Case

James T. Cunningham, pro se.

Cynthia H. Severinsen, Asst. Dist. Atty. for District Attorney of Philadelphia, Philadelphia, Pa., for defendants.

OPINION

JOHN MORGAN DAVIS, Senior District Judge.

PRELIMINARY STATEMENT

In April, 1977, following a court trial without a jury, James Cunningham was found guilty of (1) knowingly and intentionally possessing a controlled substance and (2) manufacture, delivery or possession with intent to manufacture or deliver a controlled substance. Subsequently, Mr. Cunningham was sentenced to serve a term of two to ten years imprisonment. On direct appeal,...

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