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ROBIN v. THOMAS

Nos. 83 Civ. 0401, 74 CR 622.

555 F.Supp. 849 (1983)

Raymond ROBIN, Petitioner, v. The Warden, Dale THOMAS, of the Metropolitan Correctional Center, 150 Park Row, New York, New York, Respondent.

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

January 26, 1983.

Attorney(s) appearing for the Case

Pascarella, Dehler, Illmensee & Carra, Garden City, N.Y., for petitioner; James A. Pascarella, Garden City, N.Y., of counsel.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for respondent; Edward G. Williams, Asst. U.S. Atty., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The petitioner, now incarcerated at the Metropolitan Correction Center in New York City pursuant to a parole revocation warrant, seeks an order (1) vacating and setting aside his sentence pursuant to 28 U.S.C. § 2255 and Fed.R.Crim.P. 35(a), or, alternatively, (2) granting bail during the pendency of the parole violation charge.

FACTS

Upon his plea of guilty to violations of federal narcotics...

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