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UNITED STATES v. WILKINS

No. 395, Docket 27411.

312 F.2d 559 (1963)

UNITED STATES ex rel. Ronald J. SADNESS, Petitioner-Appellee, v. Walter H. WILKINS, as Warden of Attica State Prison, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided January 29, 1963.

Attorney(s) appearing for the Case

Ronald J. Sadness, petitioner-appellee, pro se.

Anthony F. Marra, New York City (Leon B. Polsky, New York City, of counsel), Legal Aid Society, amicus curiae for petitioner-appellee.

Louis J. Lefkowitz, Atty. Gen., of the State of N. Y. (on the brief), (Joseph J. Rose, Asst. Atty. Gen., of counsel), for respondent-appellant.

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

MARSHALL, Circuit Judge.

On June 8, 1961, the relator-appellee, Ronald J. Sadness, petitioned the United States District Court for the Western District of New York for a writ of habeas corpus, alleging the invalidity of his 1940 conviction as a second felony offender and seeking release from the custody of the warden of the Attica State Prison.

The District Court, Henderson, J., after determining that the petitioner had exhausted his state remedies, took jurisdiction...

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