Paul Ivan Birzon, in Behalf of Morris Satz v. Edward S. King, United States Marshal and Hon. Michael A. Amico, Sheriff of Erie County

LUMBARD, Circuit Judge:

Paul Birzon brought this habeas corpus petition in the Western District on behalf of his client, Morris Satz. In 1963 Satz was sentenced by Judge Henderson to five years imprisonment following his conviction for the crimes of theft from interstate shipment and conspiracy. Satz had earlier been convicted in a New York state court for arson in the third degree and burglary in the third degree and was sentenced to a term of imprisonment.

After Satz had served four and a half years of his state term, he was paroled by the state authorities and immediately began to serve his…