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ROBINSON v. SCULLY

No. 81 Civ. 1610 (RLC).

529 F.Supp. 250 (1981)

Steve ROBINSON, Petitioner, v. Charles SCULLY, Superintendent of Green Haven Correctional Facility, Respondent.

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

December 15, 1981.

Attorney(s) appearing for the Case

David Steinberg, Poughkeepsie, N. Y., for petitioner.

Robert Abrams, Atty. Gen. of the State of New York, New York City, for respondent; Tyrone Mark Powell, Asst. Atty. Gen., New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This is a petition for a writ of habeas corpus brought by Steve Robinson, an inmate at the Green Haven Correctional Facility in Stormville, New York. Simply stated, Robinson claims that his resentence after a successful appeal constituted an increase in punishment not based upon his conduct after the original sentencing. Petitioner argues that such an increase is a denial of due process of law in violation of the...

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