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MARTINEZ v. HARRIS

No. 768, Docket 81-2307.

675 F.2d 51 (1982)

Jose B. MARTINEZ, Petitioner-Appellant, v. David R. HARRIS, Superintendent, Green Haven Correctional Facility, and Robert Abrams, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 1, 1982.

Attorney(s) appearing for the Case

Donald J. Siewert, Asst. Dist. Atty., New York County, New York City (Robert M. Morgenthau, Dist. Atty., New York County, Vivian Berger, Asst. Dist. Atty., New York City, of counsel), for respondents-appellees.

Larry J. Ritchie, Washington, D.C. (Geltner & Ritchie, Michael E. Geltner, Washington, D.C., of counsel), for petitioner-appellant.

Before FEINBERG, Chief Judge, VAN GRAAFEILAND and MESKILL, Circuit Judges.

FEINBERG, Chief Judge:

Jose B. Martinez appeals from a judgment of the United States District Court for the Southern District of New York, Gerard L. Goettel, J., denying appellant's petition for a writ of habeas corpus under 28 U.S.C. § 2254. The judgment was based on the district judge's memorandum decision dated July 21, 1981, which adopted the recommendations of Magistrate Naomi Reice Buchwald's report of June 3, 1981. Appellant challenges his detention on...

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