United States Ex Rel. Robert Williams v. Hon. Daniel McMann Warden of Auburn State Prison, Auburn, New York

IRVING R. KAUFMAN, Circuit Judge:

The question before us is whether a 5 to 10 year sentence which Robert Williams, an inmate of Auburn State Prison, is currently serving because of his conviction after trial for feloniously selling a narcotic drug is constitutionally invalid in view of the lighter indeterminate sentence of 3 to 7 years originally imposed upon his plea of guilty (later withdrawn) to the lesser charge of attempted felonious sale. We affirm Judge Foley’s denial of a writ of habeas corpus.

I

Williams was indicted by the Onondaga County grand jury in 1963 for selling a packet of…