McMILLIAN v. UNITED STATES ATTY. GEN.

No. 84 Civ. 3850 (SWK).

644 F.Supp. 777 (1986)

Christopher McMILLIAN, Petitioner, v. UNITED STATES ATTORNEY GENERAL, United States Marshall, Warden Stancari, Westchester County Department of Corrections, Office of the Westchester County District Attorney, Respondents.

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

September 19, 1986.


Attorney(s) appearing for the Case

Robert C. D'Alvia, Croton-On-Hudson, N.Y., for petitioner.

Rudolph W. Guiliani, U.S. Atty., S.D.N.Y. by Paula A. Sweeney, for respondent.


KRAM, District Judge.

Petitioner Christopher McMillian petitions this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner argues that a federal parole violation warrant lodged as a detainer against him by the United States Parole Commission prior to his conviction under state law violated his right to due process protected by the Fourteenth Amendment, and should be vacated.1 Petitioner seeks relief on two grounds...

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