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SOMERVILLE v. CONWAY

Nos. 02-CV-6679 (JBW), 03-MISC-0066 (JBW).

281 F.Supp.2d 515 (2003)

Steven SOMERVILLE (97-A-1921), Petitioner, v. James CONWAY, Acting Superintendent of Attica Correctional Facility; and Eliot Spitzer, Attorney General of New York, Respondents.

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

August 13, 2003.

Attorney(s) appearing for the Case

Richard Joselson, The Legal Aid Society, New York City, for Petitioner.

Steven Somerville, Attica, NY, Pro Se.

Kings County District Attorneys Office-Generic, Shulamit Rosenblum, Kings County District Attorney, Brooklyn, NY, for Respondents.

MEMORANDUM, JUDGMENT & ORDER

WEINSTEIN, Senior District Judge.

Petitioner was convicted in New York State of burglary and assault-a conviction which he does not contest before this court. He instead indirectly challenges the legality of his sentence.

Petitioner was sentenced as a second violent felony offender to 18 years in prison with no possibility of parole. His status as a second violent felony offender was predicated on a previous conviction...

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