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U.S. EX REL. MUCKER v. MIZELL

No. 83 C 4139.

671 F.Supp. 1170 (1987)

UNITED STATES of America ex rel. Walter A. MUCKER, Petitioner, v. Warden MIZELL, et al., Respondents.

United States District Court, N.D. Illinois, E.D.

October 20, 1987.

Attorney(s) appearing for the Case

Patricia T. Bergeson, Pope, Ballard, Shepard & Fowle, Chicago, Ill., for petitioner.

Joan G. Fickinger, Michael Weinstein and Mark L. Rotert, Asst. Attys. Gen., and Neil F. Hartigan, Atty. Gen., Criminal Appeals Div., Chicago, Ill., for respondents.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

On October 24, 1979, Walter Mucker was convicted of rape and deviate sexual assault. He was tried by the Circuit Court of Illinois, Lake County, sitting without a jury. Judgment was entered only upon the count of rape, and a six year term of imprisonment was imposed.

He appealed to the Appellate Court which affirmed on January 27, 1981 in an Order Disposing of Appeal under Supreme Court Rule 23...

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