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UNITED STATES v. MANCUSI

No. 903, Docket 35179.

443 F.2d 940 (1971)

UNITED STATES of America ex rel. Carl E. DeFLUMER, Jr., Petitioner-Appellant, v. Vincent MANCUSI, as Warden of Auburn State Prison, Attica, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 2, 1971.

Attorney(s) appearing for the Case

Harry C. Batchelder, Jr., New York City, for petitioner-appellant.

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

Before LUMBARD, SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

The petitioner Carl DeFlumer, Jr. was indicted in 1947 by the Albany County Grand Jury, charged with the first-degree murder by hanging of a 7-year-old boy. DeFlumer himself was 15 years of age. Acting with the advice of counsel, DeFlumer entered a plea of guilty to the lesser, noncapital crime of second degree murder. On July 7, 1947 the Albany County Court imposed the minimum sentence of 20 years to life. For 16 years DeFlumer did...

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