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CABALLERY v. UNITED STATES PAROLE COM'N

No. 81 Civ. 2261(MEL).

513 F.Supp. 1071 (1981)

Norberto CABALLERY, Petitioner, v. UNITED STATES PAROLE COMMISSION; U. S. Probation Officer, Southern District of New York; Warden, Metropolitan Correctional Center, New York, N.Y., Respondents.

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

May 20, 1981.

Attorney(s) appearing for the Case

Caesar D. Cirigliano, Federal Defender Services Unit, The Legal Aid Society, New York City, for petitioner; Jack Lipson, New York City, of counsel.

John S. Martin, Jr., U. S. Atty. for the S. D. of New York, New York City, for the United States of America; Paul L. Shechtman, Asst. U. S. Atty., New York City, of counsel.

LASKER, District Judge.

Norberto Caballery petitions for a writ of habeas corpus under 28 U.S.C. § 2255 on the ground that the application of Parole Commission Regulation § 2.10(c), 28 C.F.R. § 210(c), to the computation of his sentence violates the ex post facto clause. The petition is denied.

On December 30, 1974, Caballery entered a plea of guilty to a charge of having embezzled bank funds...

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