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UNITED STATES v. WILKINS

No. 373, Docket 29104.

348 F.2d 844 (1965)

UNITED STATES of America ex rel. George HETENYI, Relator-Appellant, v. Walter H. WILKINS, Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 13, 1965.

Attorney(s) appearing for the Case

Ernest J. Brown, Cambridge, Mass., for relator-appellant.

Michael H. Rauch, Deputy Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., of New York, on the brief), (Samuel A. Hirshowitz, First Asst. Atty. Gen., Mortimer Sattler, Asst. Atty. Gen., and Brenda Soloff, Deputy Asst. Atty. Gen., of counsel), for respondent-appellee.

Before SMITH and MARSHALL, Circuit Judges, and METZNER, District Judge.

MARSHALL, Circuit Judge.

George Hetenyi is presently imprisoned in Attica, New York, by the State of New York under a sentence of from forty years to life that was imposed after a jury found him guilty of murder in the second degree. He applied to the United States District Court for the Western District of New York for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, claiming that he is being held in custody in violation of the federal Constitution. The...

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