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SIMS v. SUPERINTENDENT OF CLINTON CORR. FACILITY

No. 94 Civ. 0702 (KTD).

887 F.Supp. 571 (1995)

Andrew SIMS, Petitioner, v. SUPERINTENDENT OF the CLINTON CORRECTIONAL FACILITY, DANNEMORA, NEW YORK, Respondent.

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

May 19, 1995.

Attorney(s) appearing for the Case

Andrew Sims, Dannemora, NY, pro se.

G. Oliver Koppell, Atty. Gen., State of N.Y., New York City, for respondent Superintendent of Clinton Correctional Facility, Dannemora, N.Y.; Monica R. Jacobsen, Asst. Atty. Gen., of counsel.

KEVIN THOMAS DUFFY, District Judge.

Petitioner pro se Andrew Sims seeks a writ of habeas corpus to be discharged from the custody of the Clinton Correctional Facility, Dannemora, New York, pursuant to 28 U.S.C. § 2254. In Sims' first petition to this court, he argues that in 1988 he was improperly sentenced as a persistent violent felony offender, in violation of his rights under the Eighth and Fourteenth Amendments...

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