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UNITED STATES v. THOMAS

No. 973, Docket 81-2442.

677 F.2d 225 (1982)

UNITED STATES of America ex rel. Efraim CARRASQUILLO, Petitioner-Appellant, v. Dale THOMAS, Warden of the Metropolitan Correctional Center, New York City, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 14, 1982.

Attorney(s) appearing for the Case

Alan Scribner, New York City (Ivan S. Fisher, David Ely, Michael Davies, New York City, of counsel), for petitioner-appellant.

William J. Brennan, Asst. U. S. Atty. for the Southern District of New York, New York City (John S. Martin, Jr., U. S. Atty. for the Southern District of New York, Richard N. Papper, Asst. U. S. Atty., New York City, of counsel), for respondent-appellee.

Before FEINBERG, Chief Judge, MANSFIELD, Circuit Judge, and MISHLER, District Judge.

PER CURIAM:

Petitioner, Efraim Carrasquillo, appeals from a judgment of the United States District Court of the Southern District of New York, Edward Weinfeld, J., which granted the government's motion to dismiss Carrasquillo's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. The sole issue before us on appeal is whether criminal charges contained in an indictment dismissed with prejudice can form the basis for a subsequent revocation of parole...

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