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COVINGTON v. SULLIVAN

No. 1097, Docket 86-2186.

823 F.2d 37 (1987)

Curtis COVINGTON, Petitioner-Appellant, v. James E. SULLIVAN, Superintendent of Sing Sing Correctional Facility, Elizabeth Holtzman, District Attorney, Kings County, and Robert Abrams, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 15, 1987.

Attorney(s) appearing for the Case

Helena Pichel Solleder, New York City, for petitioner-appellant.

Cheryl Swanson Mitchell, Asst. Dist. Atty., Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Barbara D. Underwood, Nikki Kowalski, Asst. Dist. Attys., Brooklyn, N.Y., on the brief), for respondents-appellees.

Before OAKES, NEWMAN, and PIERCE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Curtis Covington appeals from a judgment of the District Court for the Eastern District of New York (Joseph M. McLaughlin, Judge) denying his petition for a writ of habeas corpus to challenge his state court sentence as a second violent felony offender. He claims a violation of the Ex Post Facto Clause, U.S. Const., art. I, § 9, cl. 3, because his predicate crime was classified as a violent felony after his first conviction though...

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