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UNITED STATES EX REL. MORRIS v. FITZPATRICK

No. 68 Civ. 2574.

291 F.Supp. 238 (1968)

UNITED STATES of America ex rel. Silas MORRIS, Petitioner, v. Hon. W. FITZPATRICK, Warden, Federal House of Detention, New York, Respondent.

United States District Court S. D. New York.

October 21, 1968.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for the Government, John R. Wing, Asst. U. S. Atty., of counsel.

Harold Rabner, New York City, for petitioner.

MEMORANDUM

FRANKEL, District Judge.

On May 20, 1963, the relator was sentenced to a term of five years as a federal narcotics law violator. He remained in prison until August 24, 1966, when, pursuant to 18 U.S.C. § 4163, he was mandatorily released, subject to the requirement in 18 U.S.C. § 4164 that he "be deemed as if released on parole until the expiration of the maximum term * * * for which he was sentenced less one hundred and eighty days...

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