United States of America Ex Rel. Herbert Sperling, Relator-Appellant v. Walter v. Fitzpatrick, Warden, West Street House of Detention

HAYS, Circuit Judge.

Appellant Herbert Sperling appeals from an order of the United States Dis*1162trict Court for the Southern District of New York denying without a hearing his application for a writ of habeas corpus.

I

Appellant was a mandatory releasee subject to the supervision of the United States Board of Parole.1 On June 8, 1968, two New York City police officers unlawfully searched appellant and another man and took from appellant’s possession a loaded .38 caliber pistol.2 On June 27, 1968 the Board of Parole, upon an application setting forth information as to this incident, issued a…