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UNITED STATES EX REL. MUNIZ v. FOLLETTE

No. 68 Civ. 4381.

294 F.Supp. 1364 (1969)

UNITED STATES of America ex rel. Jose MUNIZ, Petitioner, v. Hon. Harold W. FOLLETTE, Warden, Green Haven Prison, Stormville, New York, Respondent.

United States District Court S. D. New York.

February 4, 1969.

Attorney(s) appearing for the Case

Jose Muniz, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for respondent; Michael Colodner, Deputy Asst. Atty. Gen., of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Petitioner, now serving a five to seven year sentence at Green Haven state prison for unlawful possession of marijuana, imposed under a judgment of conviction entered upon his plea of guilty, seeks his release upon a writ of habeas corpus upon allegations of violation of his federal constitutional rights.

Petitioner and his wife were indicted jointly upon charges of possession of marijuana with intent to sell...

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