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UNITED STATES v. MORGAN

Nos. 155-156, Docket 22560-22561.

202 F.2d 67 (1953)

UNITED STATES v. MORGAN. UNITED STATES ex rel. MORGAN v. MARTIN, Warden of Attica Prison, Attica, N. Y.

United States Court of Appeals Second Circuit.

Decided February 5, 1953.

Attorney(s) appearing for the Case

Jacob Abrams, Brooklyn, N. Y. (Jacob Abrams, Brooklyn, N. Y., and Florence Kelley — Legal Aid Society, New York City, of counsel), for defendant-appellant, relator-appellant.

Edmund Port, U. S. Atty., Syracuse, N. Y., for plaintiff-appellee.

Nathaniel L. Goldstein, Atty. Gen. of the State of New York, and Vincent A. Marsicano, Asst. Atty. Gen. of New York, for respondent-appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

In 1939 Robert Morgan pleaded guilty and was sentenced in the Northern District of New York to four years imprisonment on each of eight counts in an indictment involving the theft of three letters from the United States mail. He served the time under these sentences, which ran concurrently. In 1950 he was convicted in the County Court of Onondaga County, New York, and was sentenced as a second...

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