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UNITED STATES EX REL. ROGERS v. LaVALLEE

No. 803, Docket 72-1174.

463 F.2d 185 (1972)

UNITED STATES of America ex rel. James W. ROGERS, Petitioner-Appellant, v. Hon. J. Edwin LaVALLEE, Superintendent, Clinton Correctional Facility, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 5, 1972.

Attorney(s) appearing for the Case

Henry J. Formon, Jr., New York City, for petitioner-appellant.

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

Before LEVENTHAL, FEINBERG and TIMBERS, Circuit Judges.

FEINBERG, Circuit Judge:

James W. Rogers is presently incarcerated in the Clinton Correctional Facility, Dannemora, New York, where he is serving a 20 year to life sentence imposed after his conviction in May 1970 in New York State Supreme Court, Kings County, for kidnapping in the first degree. In July 1971, Rogers filed a petition for writ of habeas corpus in the United States District Court for the Northern District of New York, claiming that his conviction violated...

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