United States Ex Rel. Cunningham v. Cuyler

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, the Superior Court of Pennsylvania affirmed per curiam the judgment of sentence. Thereafter, the Supreme Court of Pennsylvania denied relator’s petition…