United States of America Ex Rel. Roy Schuster v. Leon J. Vincent, Warden, Green Haven Correctional Facility

IRVING R. KAUFMAN, Chief Judge:

Although we are reasonably certain that the shocking story revealed in The Gulag Archipelago 1 could not take place in this country, the facts of Roy Schuster’s case are reminiscent of Solzhenitsyn’s treatise. In our opinion in United States ex rel. Schuster v. Herold, 410 F.2d 1071 (2d Cir.), cert. denied, 396 U.S. 847, 90 S.Ct. 81, 24 L.Ed.2d 96 (1969), we described the appalling sequence of events in which Schuster- — convicted of second degree murder and sentenced in 1931 to a term of 25 years to life — was transferred in 1941 from Clinton State Prison to…