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Legal Opinion

United States ex rel. Johnson v. Follette

District Court, S.D. New York

Decided December 9, 1970No. 70 Civ. 1485Published

1Opinion of the Court

OPINION

EDELSTEIN, District Judge.

Petitioner, presently confined at Green Haven State Prison in New York State, was convicted after a jury trial in the Court of General Sessions, New York County, of robbery in the first degree. On April 27, 1948, he was sentenced to a term of not less than ten nor more than twenty years. If served without interruption, this sentence, at its maximum, would have expired in 1968 and petitioner today would be a free man. However, it appears that at various times since 1948 petitioner was released on parole and then afterwards was returned to prison as a parole…

2Cases cited6 opinions

  1. Odis R. Van Buskirk v. Fred T. Wilkinson, as Warden of the United States Penitentiary, McNeil Island, WashingtonCourt of Appeals for the Ninth Circuit · 1954
  2. Woods v. SteinerDistrict Court, D. Maryland · 1962
  3. James J. Canavari v. G. v. RichardsonCourt of Appeals for the Ninth Circuit · 1969
  4. Dalton v. Warden, Maryland PenitentiaryDistrict Court, D. Maryland · 1963
  5. United States ex rel. Callens v. BuonoDistrict Court, S.D. New York · 1966

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