Micelli v. LeFevre

MEMORANDUM DECISION

WERKER, District Judge.

This is a petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 (1970) by Frank Micelli, an inmate at the Clinton Correctional Facility in Dannemora, New York, who is presently serving a term of imprisonment imposed following entry of a plea of guilty. Micelli raises two contentions in his petition. He argues, first, that the sentencing judge exceeded the bounds of due process by taking into consideration matters going beyond the single count to which he entered a negotiated plea; second, that the State acted unconstitutionally in…