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UNITED STATES v. McFARLAND

No. 15186.

348 F.2d 215 (1965)

UNITED STATES of America ex rel. Harold KONIGSBERG, Appellant, v. Warden Henry B. McFARLAND, Hudson County Jail, Jersey City, N. J.

United States Court of Appeals Third Circuit.

Decided July 14, 1965.

Attorney(s) appearing for the Case

Michael A. Querques, Orange, N. J. (Querques & Isles, Orange, N. J., on the brief), for petitioner appellant.

David M. Satz, Jr., U. S. Atty., Newark, N. J. (Paul Nejelski, Asst. U. S. Atty., on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and SMITH, Circuit Judges.

BIGGS, Chief Judge.

The court below was without jurisdiction to entertain the relator's petition for habeas corpus.

The petition, filed November 16, 1964, alleges that at that time the relator was confined to the Hudson County jail by virtue of a sentence imposed on him by the Hudson County Court of the State of New Jersey. According to the allegations of the petition, the sentence would expire on November 19, 1964. The petition further alleges in substance...

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