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UNITED STATES EX REL. GONZALES v. FOLLETTE

No. 515, Docket 30738.

397 F.2d 232 (1968)

UNITED STATES ex rel. Victor GONZALES, Petitioner-Appellant, v. Honorable Harold W. FOLLETTE, Warden of Greenhaven Prison, Stormville, N. Y., Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided June 24, 1968.

Attorney(s) appearing for the Case

Parnell J. T. Callahan, New York City (Callahan & Wolkoff, Eugene A. Wolkoff, New York City, on the brief), for petitioner-appellant.

John G. Proudfit, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before WATERMAN and FEINBERG, Circuit Judges, and ZAMPANO, District Judge.

FEINBERG, Circuit Judge:

Appellant Victor Gonzales, a second felony offender, is presently serving a sentence of seven and one-half to fifteen years in a state prison; he was convicted in 1965 in the New York State Supreme Court, Kings County, of possession of marijuana and of such possession with intent to sell.1 Gonzales appeals from denial of a writ of habeas corpus in the United States District Court for the Southern District of New...

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