United States of America Ex Rel. Francisco Castillo, Relator-Appellant v. Edward M. Fay, as Warden of Greenhaven State Prison, Stormville, New York

HAYS, Circuit Judge:

The relator-appellant Castillo was tried and convicted by a jury in a New York state court for the unlawful sale of heroin. He was sentenced to imprisonment for a period of from five to six years. The judgment was affirmed on appeal. People v. Castillo, 16 A.D.2d 235, 226 N.Y.S.2d 785 (1st Dep’t) (3-to-2 decision), aff’d mem., 12 N.Y.2d 732, 186 N.E.2d 198, 233 N.Y.S.2d 938 (1962). State court remedies were exhausted by the denial by another New York court of a petition for a writ of habeas corpus. A petition in the federal district court was *401denied on the basis of the…