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UNITED STATES EX REL. SCHMIDT v. LaVALLEE

No. 75 CIV. 872.

445 F.Supp. 1156 (1977)

UNITED STATES of America ex rel. Fred SCHMIDT, Petitioner, v. J. Edwin LaVALLEE, Superintendent, Clinton Correctional Facility, Dannemora, New York, Respondent.

United States District Court, S. D. New York.

December 12, 1977.

Attorney(s) appearing for the Case

Fred Schmidt, pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York by Ralph McMurry, Kevin J. McKay, Asst. Attys. Gen., New York City, for respondent.

MEMORANDUM OPINION

MOTLEY, District Judge.

This petition for a writ of habeas corpus is before us pursuant to 28 U.S.C. § 2254. On July 17, 1972 petitioner pleaded guilty to a single count of robbery in the second degree in the County Court, Rockland County, New York.1 He was sentenced to a minimum term of five years and a maximum of fifteen years on October 10, 1972. The judgment of conviction was affirmed without opinion...

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