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UNITED STATES EX REL. FULTON v. FRANZEN

No. 80-1792.

659 F.2d 741 (1981)

UNITED STATES of America ex rel. Larry FULTON, Petitioner-Appellant, v. Gayle FRANZEN, Director, Department of Corrections, State of Illinois, and James Fairman, Warden, Pontiac Correctional Center, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 26, 1981.

Rehearing Denied October 14, 1981.

Attorney(s) appearing for the Case

Richard Faust, Chicago, Ill., for petitioner-appellant.

James E. Fitzgerald, Chicago, Ill., for respondents-appellees.

Before CUMMINGS, Chief Circuit Judge, BAUER, Circuit Judge, and SPEARS, Senior District Judge.

BAUER, Circuit Judge.

Petitioner-appellant Larry Fulton appeals from the denial of his petition for a writ of habeas corpus. We affirm.

I

Fulton was indicted in Illinois for armed robbery, aggravated battery, attempted murder, and murder. Fulton's car, a 1968 black over green Oldsmobile Cutlass, matched the description of the getaway car. Fulton admitted that he drove two men to the area of the crime. He claimed, however, that he was ordered to drive...

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