UNITED STATES EX REL. SEIBLE v. LA VALLEE

No. 69 Civ. 3467.

315 F.Supp. 186 (1970)

UNITED STATES of America ex rel. Francis SEIBLE, Petitioner, v. Hon. J. E. LA VALLEE, Warden of Clinton Prison, Dannemora, New York, Respondent.

United States District Court, S. D. New York.

July 14, 1970.


Attorney(s) appearing for the Case

Jeffrey A. Barist, New York City, for petitioner.

Louis J. Lefkowitz, Atty. Gen., of New York, New York City, for respondent; Lillian Z. Cohen, Asst. Atty. Gen., of counsel.


MEMORANDUM

COOPER, District Judge.

In a memorandum opinion, dated March 23, 1970, we ordered an evidentiary hearing, under the authority of United States ex rel. Ross v. McMann, 409 F.2d 1016 (2d Cir. 1969), to determine the voluntariness of petitioner's plea of guilty. We then granted a motion, made on behalf of the State, to stay that hearing pending Supreme Court review of Ross. We now find that the guidelines...

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