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UNITED STATES EX REL. STEVENSON v. MANCUSI

Nos. 446-447, Dockets 34229, 34233.

428 F.2d 758 (1970)

UNITED STATES of America ex rel. Roosevelt STEVENSON, Petitioner-Appellee, v. Vincent R. MANCUSI, Warden, Attica State Prison, Attica, New York, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 6, 1970.

Attorney(s) appearing for the Case

Brenda Soloff, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., State of New York, on the brief), for appellant.

Joseph I. Stone, New York City, for appellee.

Before LUMBARD, Chief Judge, ANDERSON, Circuit Judge, and CROAKE, District Judge.

PER CURIAM:

For the third time we pass upon an order of the United States District Court for the Western District of New York relating to Roosevelt Stevenson's petition for a writ of habeas corpus. 409 F.2d 801. In its latest order of July 28, 1969 the district court granted the petition and directed that Roosevelt Stevenson be resentenced as a third offender under New York law instead of as a fourth offender, as had been done.

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