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WARREN v. MONTEMANGO

No. CV 85-2388.

618 F.Supp. 147 (1985)

In the Matter of the Application of Michael W. WARREN, Petitioner for a Writ of Habeas Corpus to Inquire Into the Cause of Detention of Samuel Lockett, Petitioner, v. Albert MONTEMANGO, Warden Brooklyn House of Detention, Respondent.

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

August 9, 1985.

Attorney(s) appearing for the Case

Michael Warren, Brooklyn, N.Y., for petitioner.

Elizabeth Holtzman, Dist. Atty., Kings County, New York by Debra Petrover, Brooklyn, for respondent.

MEMORANDUM OF DECISION & ORDER

COSTANTINO, District Judge.

Petitioner, Samuel Lockett, moves this court pursuant to 28 U.S.C. § 2254 for a writ of habeas corpus alleging that further criminal proceedings against him will be in violation of the Constitution of the United States. The basis for petitioner's claim is that (a) further prosecution of him is in violation of the Double Jeopardy clause; and (b) further prosecution of him in violation of...

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