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UNITED STATES v. MANCUSI

No. 629, Docket 32470.

413 F.2d 1012 (1969)

UNITED STATES of America ex rel. Charles ANDERSON, Petitioner-Appellant, v. Vincent R. MANCUSI, Warden of Attica State Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided July 17, 1969.

Attorney(s) appearing for the Case

Henrietta M. Wolfgang, Buffalo, N. Y. (The Legal Aid Bureau of Buffalo, Inc., Bruce K. Carpenter, Buffalo, N. Y., on the brief), for petitioner-appellant.

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

Before MOORE, SMITH and ANDERSON, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

In December, 1964 the petitioner, Charles Anderson, was convicted in Erie County, New York, after a jury trial, of the crime of grand larceny in the second degree, and was sentenced as a second felony offender to a term of from 5 to 10 years. Having exhausted his state remedies, he applied to the United States District Court for the Western District of New York for a writ of habeas corpus...

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