UNITED STATES v. FITZPATRICK

No. 463, Docket 31167.

378 F.2d 85 (1967)

UNITED STATES of America ex rel. Santiago DeFILLO, Relator-Appellant, v. W. W. FITZPATRICK, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided May 26, 1967.


Attorney(s) appearing for the Case

Santiago DeFillo, appellant pro se.

Robert M. Morgenthau, U. S. Atty., for Southern Dist. of New York, New York City (Jack Kaplan and John A. Stichter, Asst. U. S. Attys., on the brief), for appellee.

Before LUMBARD and MOORE, Circuit Judges, and BARTELS, District Judge.


BARTELS, District Judge:

Relator appeals from an order denying his petition for a writ of habeas corpus to test the validity of his arrest and detention as a parole violator. In our opinion, the petition was properly denied, and we affirm.

In 1957 relator was sentenced to nine years on a narcotics charge. He obtained a mandatory release in 1963 after being credited with 990 days of good time but was deemed "as if released on parole." The Southern District...

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