United States of America Ex Rel. Jesse Pugh v. Frank J. Pate, Warden of the Illinois State Penitentiary

SCHNACKENBERG, Circuit Judge.

Jesse Pugh, petitioner, has appealed from an order of the district court denying his petition for a writ of habeas corpus, filed May 11, 1967, naming as respondent, Frank J. Pate, Warden of the Illinois State Penitentiary.

It appears from petitioner’s brief that on September 14, 1964, he was sentenced to the penitentiary for not less than five nor more than ten years, and that on his appeal, his conviction was affirmed by the Illinois Appellate Court, First District, 69 Ill.App.2d1 312, 217 N.E.2d 557 (1966). On March 17, 1967, petitioner was denied leave to file…