WHITEHEAD v. SENKOWSKI

No. 1717, Docket 91-2130.

943 F.2d 230 (1991)

Robert E. WHITEHEAD, Petitioner-Appellant, v. Daniel A. SENKOWSKI, Warden, Clinton Correctional Facility, and Thomas A. Coughlin, III, Commissioner of Corrections of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 29, 1991.


Attorney(s) appearing for the Case

Bennett M. Epstein, New York City (Lawrence M. Herrmann, of counsel), for petitioner-appellant.

David Joseph Mudd, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Marc Frazier Scholl, Asst. Dist. Atty., New York County, of counsel), for respondents-appellees.

Before MESKILL, NEWMAN and PRATT, Circuit Judges.


MESKILL, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, Mukasey, J., dismissing Whitehead's petition for a writ of habeas corpus, sought pursuant to 28 U.S.C. § 2254 and 28 U.S.C. § 2241(c)(2) and (3), for failure to exhaust state remedies. Whitehead urges that because he was acting as an agent of the United States government when he committed crimes against New York State...

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