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WILLETTE v. FISCHER

Docket No. 06-1422-pr.

508 F.3d 117 (2007)

Steven WILLETTE, Petitioner-Appellee, v. Brian FISCHER, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2007.

Attorney(s) appearing for the Case

Malancha Chanda, Asst. Atty. General, New York, N.Y. (Eliot Spitzer, N.Y. State Atty. General, Robin A. Forshaw, Deputy Solicitor General, Office of the N.Y. State Attorney General, New York, N.Y., on the brief), for Respondent-Appellant.

Livingston L. Hatch, Plattsburgh, N.Y., submitted correspondence for Petitioner-Appellee.

Before MESKILL, NEWMAN, and SOTOMAYOR, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal from the grant of a petition for a writ of habeas corpus primarily concerns a claim of unconstitutional multiple punishment for the same offense. Respondent-Appellant Brian Fischer, Commissioner of the New York State Department of Corrections ("the State"), appeals from the February 28, 2006, judgment of the United States District Court for the Northern District of New York (David N. Hurd, District Judge) adopting a recommended...

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