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UNITED STATES EX REL. CASTER v. MANCUSI

No. 631, Docket 32583.

414 F.2d 743 (1969)

UNITED STATES of America ex rel. Frederick CASTER, Relator-Appellant, v. The Hon. Vincent R. MANCUSI, Warden of Attica State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided August 5, 1969.

Attorney(s) appearing for the Case

Gretchen White Oberman, New York City, The Legal Aid Society, (Milton Adler, The Legal Aid Society, New York City, on the brief), for relator-appellant.

Michael Jaffe, Asst. Atty. Gen., State of New York (Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, on the brief), for respondent-appellee.

Before MOORE, SMITH and ANDERSON, Circuit Judges.

PER CURIAM:

Frederick Caster appeals from an order of the United States District Court dated November 15, 1967, denying, without a hearing, his application for a writ of habeas corpus. The appellant was convicted, after a jury trial, of the crimes of forgery and grand larceny and was sentenced on June 6, 1956 to concurrent terms of five to ten years in state prison. No appeal from those judgments was taken.

Ten years later, however, he petitioned the state...

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