UNITED STATES EX REL. MONAHAN v. McMANN

No. 45, Docket 33530.

432 F.2d 778 (1970)

UNITED STATES of America ex rel. Francis MONAHAN, Relator-Appellant, v. Daniel McMANN, Warden of Auburn State Prison, Auburn, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 23, 1970.


Attorney(s) appearing for the Case

Lillian Z. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., State of N. Y., and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Christopher Crowley, New York City (Robert M. Hallman, and Bartlett H. McGuire, New York City, on the brief), for appellant.

Before LUMBARD, Chief Judge, and ANDERSON and FEINBERG, Circuit Judges.


PER CURIAM:

Appellant is presently confined in Auburn State Prison, Auburn, New York, following his conviction in 1962 of grand larceny in the first degree and burglary in the third degree. He was sentenced as a third felony offender to a term of seven and one-half to twelve and one-half years on each count, with the sentences to run concurrently. He began serving the sentences in November 1966 at the expiration of his sentence on a 1948 felony conviction.

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