SIMMONS v. BRAUN

No. 1390, Docket 79-2196.

627 F.2d 635 (1980)

Guy Wayne SIMMONS, a/k/a Gary Flack, Petitioner-Appellant, v. Kenneth R. BRAUN, Sheriff Erie County, N.Y. and Joseph Foreman, Superintendent, Erie County Holding Center, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 14, 1980.


Attorney(s) appearing for the Case

George P. Doyle, Doyle, Denman & D'Amico, Buffalo, N. Y., on brief, for petitioner-appellant.

Roger P. Williams, Asst. U. S. Atty., Richard J. Arcara, U. S. Atty., Buffalo, N. Y., of counsel, for respondents-appellees.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and NEAHER, District Judge.


VAN GRAAFEILAND, Circuit Judge:

In 1975, Guy Wayne Simmons was convicted on two counts of robbery in the Province of Ontario, Canada. He was sentenced to two years on one count and seven years on the other. After being released on bond pending appeal, he disappeared. The appeal was dismissed, and a warrant for his arrest is outstanding.

In 1979, in Niagara Falls, New York, officers of the Drug Enforcement Administration and the United States Immigration Department...

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