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UNITED STATES v. MARTIN

Civ. No. 5238.

108 F.Supp. 672 (1952)

UNITED STATES ex rel. KELLY v. MARTIN, Warden of Attica State Prison.

United States District Court, W. D. of New York.

June 4, 1952.

Attorney(s) appearing for the Case

Relator pro se.

Nathaniel L. Goldstein, Atty. Gen. (Frederick T. Devlin, Asst. Atty. Gen., of counsel), for respondent.

BURKE, District Judge.

Relator is held in custody in Attica State Prison under a sentence imposed pursuant to a conviction for the crime of murder, second degree, in the Steuben County Supreme Court on April 19, 1920. He was sentenced to serve a prison term of twenty years to life. He was paroled in 1943 and returned to prison as a parole violator September 7, 1948. He claims that his conviction as a parole violator is in violation of his constitutional rights.

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