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UNITED STATES EX REL. STUBBS v. MANCUSI

No. 126, Docket 34449.

442 F.2d 561 (1971)

UNITED STATES of America ex rel. William C. STUBBS, Petitioner-Appellant, v. Vincent R. MANCUSI, Warden of Attica Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 19, 1971.

Attorney(s) appearing for the Case

Bruce K. Carpenter, Dunkirk, N. Y. (Woodin & Carpenter, Dunkirk, N. Y., of counsel), for petitioner-appellant.

Maria L. Marcus, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondent-appellee.

Before MOORE, FRIENDLY and ADAMS, Circuit Judges.

ADAMS, Circuit Judge:

Relator Stubbs was convicted in Monroe County, New York in 1966 for first degree assault and possession of a firearm. The County Court considered a prior conviction of murder obtained against Stubbs in Tennessee, found him to be a second felony offender, and sentenced him to consecutive terms of imprisonment totaling thirty-two to thirty-four years.1 Stubbs here challenges his sentence, alleging that his prior felony...

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