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UNITED STATES v. FITZPATRICK

214 F.Supp. 425 (1963)

UNITED STATES of America ex rel. Roberto Santiesteban CASANOVA, Relator, v. Walter W. FITZPATRICK, Warden, Federal Detention Headquarters, Respondent.

United States District Court S. D. New York.

January 16, 1963.

Attorney(s) appearing for the Case

Rabinowitz & Boudin, New York City, for relator; Leonard B. Boudin, Victor Rabinowitz, Mary M. Kaufman, Arthur Schutzer, Henry Winestine, Michael B. Standard, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for respondent; Vincent L. Broderick, Chief Asst. U. S. Atty., Sheldon H. Elsen, Arnold M. Enker, Arthur I. Rosett, Asst. U. S. Attys., of counsel.

WEINFELD, District Judge.

The petitioner, Roberto Santiesteban Casanova, seeks his release from custody on a writ of habeas corpus on the ground of lack of the Court's jurisdiction over his person. He is under arrest and detention by virtue of a two-count indictment wherein he, two codefendants and two others not named as defendants are charged with conspiracy to commit sabotage and to violate the Foreign Agents Registration Act.1 He was...

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