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UNITED STATES EX REL. ELIAS v. McKENDRICK

No. 787, Docket 35459.

439 F.2d 771 (1971)

UNITED STATES of America ex rel. Justo ELIAS, Petitioner-Appellant, v. Charles McKENDRICK, Warden, Wallkill State Prison, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 4, 1971.

Attorney(s) appearing for the Case

Marc P. Cherno, New York City, for petitioner-appellant.

Arlene R. Silverman, Asst. Atty. Gen. (Samuel A. Hirshowitz, First Asst. Atty. Gen., on the brief), for respondent-appellee.

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

PER CURIAM:

Relying primarily on North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), Elias challenges the constitutionality of his sentence of ten to twelve years imprisonment imposed by State Supreme Court Justice Owen McGivern, then sitting in Bronx County, New York, following Elias's plea of guilty to a charge of first degree manslaughter entered December 16, 1965.

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