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UNITED STATES EX REL. WILLIAMS v. McMANN

No. 233, Docket 34509.

436 F.2d 103 (1970)

UNITED STATES ex rel. Robert WILLIAMS, Appellant, v. Hon. Daniel McMANN, Warden of Auburn State Prison, Auburn, New York, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 7, 1970.

Attorney(s) appearing for the Case

Robert S. Smith, New York City, for appellant.

Arlene R. Silverman, Asst. Atty. Gen. (Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen. of N. Y., of counsel), for appellee.

Before KAUFMAN, HAYS and GIBBONS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The question before us is whether a 5 to 10 year sentence which Robert Williams, an inmate of Auburn State Prison, is currently serving because of his conviction after trial for feloniously selling a narcotic drug is constitutionally invalid in view of the lighter indeterminate sentence of 3 to 7 years originally imposed upon his plea of guilty (later withdrawn) to the lesser charge of attempted felonious sale. We affirm Judge Foley...

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