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Legal Opinion

United States ex rel. Swingle v. Rundle

Court of Appeals for the Third Circuit

Decided May 23, 1963No. 14078PublishedCited by 6 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

This appeal from the denial of Claude Swingle’s petition for a writ of habeas corpus by the court below1 presents the issue whether he was illegally sentenced under the Pennsylvania Habitual Offenders Act.2

These undisputed facts are critical to our disposition:

In 1921 Swingle was convicted of murder of the second degree in New York and was sentenced to imprisonment of not less than 20 years. He was placed under parole in 1945 for supervision in Pennsylvania.

On June 29, 1949, Swingle pleaded guilty to murder in Wayne County, Pennsylvania. He was adjudged guilty of…

2Cases cited5 opinions

  1. Oyler v. BolesSupreme Court of the United States · 1962
  2. United States Ex Rel. Collins v. Claudy, WardenCourt of Appeals for the Third Circuit · 1953
  3. Commonwealth v. SwingleSupreme Court of Pennsylvania · 1961
  4. Commonwealth ex rel. Swingle v. BanmillerSupreme Court of Pennsylvania · 1959
  5. United States ex rel. Swingle v. RundleDistrict Court, E.D. Pennsylvania · 1962

3Cited by6 opinions

  1. United States v. Milton HawkinsCourt of Appeals for the Third Circuit · 1987
  2. United States v. MyersDistrict Court, E.D. Pennsylvania · 1964
  3. Reese v. KassabDistrict Court, W.D. Pennsylvania · 1971
  4. Reese v. KassabDistrict Court, W.D. Pennsylvania · 1971
  5. United States v. Milton HawkinsCourt of Appeals for the Third Circuit · 1987

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