UNITED STATES v. LAVALLEE

No. 392, Docket 27538.

318 F.2d 499 (1963)

UNITED STATES of America ex rel. Melvin VAUGHN, Relator-Appellant, v. J. Edwin LaVALLEE, as Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 17, 1963.


Attorney(s) appearing for the Case

Leon B. Polsky, New York City (Anthony F. Marra, New York City, on the brief), for relator-appellant.

Sheldon Raab, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of New York, and Irving Galt, Asst. Sol. Gen., New York City, on the brief), for respondent-appellee.

Before LUMBARD, Chief Judge, and KAUFMAN and MARSHALL, Circuit Judges.


LUMBARD, Chief Judge.

The appellant, Melvin Vaughn, takes this appeal from an order of the United States District Court for the Northern District of New York entered on December 26, 1961, denying without a hearing his application for a writ of habeas corpus. Since we find the allegations in his petition to the district court wholly insufficient as a matter of law to warrant issuance of the writ, we affirm the order below.

The appellant was convicted in 1957...

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