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McCUNE v. UNITED STATES

No. 74 Civ. 806 (JMC).

374 F.Supp. 946 (1974)

John McCUNE, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

April 16, 1974.

Attorney(s) appearing for the Case

John McCune, pro se.

John D. Gordon III, Asst. U.S. Atty., New York City (Paul J. Curran, U.S. Atty., S.D.N.Y., of counsel), for respondent.

MEMORANDUM

CANNELLA, District Judge.

Petitioner's application, for, in the alternative, a writ of habeas corpus, pursuant to 28 U.S.C. § 2241 et seq., or, a writ of mandamus, pursuant to 28 U.S. C. § 1361, is dismissed without prejudice to renewal in an appropriate court.

Petitioner is presently confined in the Federal Correctional Institute at Marion, Illinois, for a term of two (2) years, pursuant to the sentence of this court (July 19...

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