United States Ex Rel. Franklin Lanear, Relator-Appellant v. Hon. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New York

FRIENDLY, Circuit Judge.

LaNear was convicted of burglary in the second degree by the County Court of Bronx County, N. Y., in 1950. He makes no complaint as to the proceedings leading up to that conviction. If that had been his first offense, punishment would have been “for á term not exceeding fifteen years,” with no minimum stipulated, N.Y.Penal Law, McKinney’s Consol.Laws, c. 40, § 407(2). However, in 1938, La-Near had been convicted of burglary, on a plea of guilty, in the Circuit Court of Jackson County, Missouri, and served his sentence. New York Penal Law, § 1941(1), required that,…