UNITED STATES v. LaVALLEE

No. 454, Docket 30186.

364 F.2d 489 (1966)

UNITED STATES of America ex rel. Oscar BJORNSEN, Petitioner-Appellant, v. Honorable J. Edwin LaVALLEE, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 13, 1966.


Attorney(s) appearing for the Case

Michael J. Sweedler, New York City (Anthony F. Marra, New York City, with him on the brief), for appellant.

Iris A. Steel, Deputy Asst. Atty. Gen. of the State of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen. of the State of New York, with her on the brief), for appellee.

Before LUMBARD, Chief Judge, and MOORE and FEINBERG, Circuit Judges.


PER CURIAM:

Appellant was convicted of first degree murder in the former Court of General Sessions, New York County, and was sentenced to life imprisonment on February 6, 1952. He was represented by assigned counsel both at trial and at sentencing. He did not appeal from his conviction. In September, 1963, he applied to the Supreme Court, for a writ of error coram nobis, seeking to be resentenced nunc pro tunc so that he could file a timely notice of...

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