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UNITED STATES EX REL. CARDAIO v. CASSCLES

No. 448, Docket 35329.

446 F.2d 632 (1971)

UNITED STATES of America ex rel. Nicholas CARDAIO, Petitioner-Appellant, v. J. Leland CASSCLES, Warden of Sing Sing Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 22, 1971.

Attorney(s) appearing for the Case

Thomas A. Shaw, Jr., New York City (Richard Landfield, New York City, on the brief), for petitioner-appellant.

Hillel Hoffman, Asst. Atty. Gen. of the State of New York (Louis J. Lefkowitz, Atty. Gen. of the State of New York, and Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

Before FRIENDLY, Chief Judge, WATERMAN, Circuit Judge, and McLEAN, District Judge.

McLEAN, District Judge:

Petitioner is a state prisoner who is serving concurrent sentences of 7½ to 10 years and 5 to 10 years imposed upon him by the Supreme Court, Queens County, New York, upon his conviction in 1965 of the crimes of felonious possession of marijuana with intent to sell and felonious possession of marijuana. In July 1969 he filed a petition for a writ of habeas corpus in the District Court for the Southern District of New York, claiming that...

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