ROBERT P. ANDERSON, Circuit Judge:
This is an appeal from a judgment entered September 24, 1976 vacating petitioner Thomas LiPuma's New York state conviction for a second degree burglary and petit larceny and granting a writ of habeas corpus pursuant to 28 U.S.C. § 2254 unless the State commenced proceedings to retry the petitioner within 60 days of the judgment. Subsequently the district court on December 17, 1976 amended the judgment to provide instead that...
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