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UNITED STATES v. FAY

239 F.Supp. 413 (1965)

UNITED STATES of America ex rel. Henry BRYANT, Petitioner, v. Hon. Edward M. FAY, Warden, Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

March 22, 1965.

Attorney(s) appearing for the Case

Henry Bryant pro se.

Louis J. Lefkowitz, Atty. Gen., of the State of New York, New York City, for respondent; Brenda S. Soloff, Deputy Asst. Atty. Gen., of counsel.

WEINFELD, District Judge.

Petitioner's claim of "duplicity" or double jeopardy, arising from the circumstance that he was convicted of both robbery and burglary and given consecutive sentences of fifteen to thirty years, was previously considered on the merits by this Court and rejected.1 His further attack upon his conviction based on the alleged "insufficiency" of the indictment must also fail. A Federal writ of habeas corpus cannot...

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