United States ex rel. Wells v. Stateville Correctional Center

ORDER

BUA, District Judge.

This is a proceeding on a state prisoner’s petition for a writ of habeas corpus. 28 U.S.C. § 2254. Before the court is respondent’s motion to dismiss or for summary judgment.

I

On February 16, 1976, petitioner pled guilty in the Circuit Court of Cook County to burglary, armed robbery, rape, and deviate sexual assault. Pursuant to the terms of a negotiated plea agreement, to which ' the prosecutor and trial judge were parties, petitioner was sentenced to a term of imprisonment of from four to five years. Under Illinois law, this sentence carried with it a five-year…