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UNITED STATES v. WILKINS

No. 49, Docket 29401.

351 F.2d 892 (1965)

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

United States Court of Appeals Second Circuit.

Decided October 26, 1965.

Attorney(s) appearing for the Case

Richard Machado, pro se.

Frank J. Pannizzo, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY and KAUFMAN, Circuit Judges, and BRYAN, District Judge.

PER CURIAM.

Appellant Machado is presently serving a nine to ten year sentence as a second felony offender after conviction in 1960 of assault in the second degree on a plea of guilty, in the County Court of Queens County. He had previously been convicted of assault with intent to commit rape (a felony) in the Superior Court of California for Los Angeles County in 1953. By petition for writ of habeas corpus to the District Court for the Western District of New York...

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