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ZAFFARANO v. FITZPATRICK

No. 68 Civ. 1008.

287 F.Supp. 87 (1968)

In the Matter of the Petition for Habeas Corpus for Discharge from Unlawful Detention of Michael ZAFFARANO, Petitioner, v. Walter W. FITZPATRICK, Respondent.

United States District Court S. D. New York.

July 22, 1968.

Attorney(s) appearing for the Case

Jerome Lewis, New York City, for petitioner, Albert C. Aronne, Brooklyn, N. Y., of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for United States, James D. Zirin, Asst. U. S. Atty., of counsel.

OPINION

WEINFELD, District Judge.

Petitioner, confined to the Federal House of Detention pursuant to a warrant of arrest for violation of parole, seeks his release upon a writ of habeas corpus. He alleges his detention is illegal because his sentence was fully served and he was entitled to a mandatory unconditional release, so that the Parole Board was without jurisdiction to charge him with any violation of parole conditions or to issue any warrant for...

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