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UNITED STATES EX REL. CARSON v. TAYLOR

No. 1029, Docket 76-2006.

540 F.2d 1156 (1976)

UNITED STATES of America ex rel. Birchel Leonard CARSON, Petitioner-Appellee, v. Larry TAYLOR, Warden, Metropolitan Correctional Center, and John T. Connolly, Chief Probation Officer, Southern District of New York, Respondents-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 22, 1976.

Attorney(s) appearing for the Case

Phylis Skloot Bamberger, New York City (William J. Gallagher, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for petitioner-appellee.

Peter C. Salerno, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., Alan Levine, Steven J. Glassman, Asst. U. S. Attys., New York City, of counsel), for respondents-appellants.

Before SMITH, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.

MANSFIELD, Circuit Judge:

On May 18, 1972, appellee Birchel Leonard Carson was convicted in the United States District Court for the Southern District of New York of interstate transportation of forged securities in violation of 18 U.S.C. §§ 371 & 2314. On June 16, 1972, he was sentenced to a prison term of five years. On January 30, 1975, he was released pursuant to a Certificate of Mandatory Release, 18 U.S.C. § 4164, which obligated him to remain...

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