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UNITED STATES v. FOLLETTE

No. 342, Docket 31776.

395 F.2d 450 (1968)

UNITED STATES ex rel. Ramon RIVERA, Relator-Appellant, v. Harold W. FOLLETTE, Warden of Green Haven Prison, Stormville, New York, Respondent.

United States Court of Appeals Second Circuit.

Decided May 16, 1968.

Attorney(s) appearing for the Case

Anthony F. Marra, New York City (William E. Hellerstein, New York City, on the brief), for relator-appellant.

Louis J. Lefkowitz, Atty. Gen. of State of New York (Mortimer Sattler, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Mortimer Sattler, Burton Herman, Asst. Attys. Gen., on the brief), for respondent.

Before LUMBARD, Chief Judge, FRIENDLY, Circuit Judge, and CLARIE, District Judge.

CLARIE, District Judge:

The appellant, a state prisoner, was sentenced on April 14, 1965, to serve three and one-half to five years imprisonment, after pleading guilty on June 8, 1964, to attempted felonious possession of a narcotic drug. He now appeals from an order of the United States District Court for the Southern District of New York, which dismissed without a hearing, his application for habeas corpus. The claim is made that he should have been afforded a hearing...

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