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UNITED STATES EX REL. DELCAMBRE v. FITZPATRICK

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


May 26, 1967

UNITED STATES of America ex rel. Nolan DELCAMBRE, Petitioner,
v.
Honorable Walter W. FITZPATRICK, Warden, Federal House of Detention, Respondent

The opinion of the court was delivered by: WEINFELD

WEINFELD, District Judge.

 Petitioner's allegation that he was represented by an attorney at the time of sentence who was unaware of an alleged promise made to a different attorney who represented him at the time his plea was entered is rebutted by the record, which stamps the allegation as false. In short, "* * * the files and records of the case conclusively show that the prisoner is entitled to no relief * * *." *fn1" And entirely apart from the foregoing, there is neither an affidavit from the attorney who it is alleged made the statements as to a promise of a concurrent sentence, nor any statement by petitioner that any effort was made to obtain one. *fn2" The petitioner is not entitled to "a free ride" to the courthouse upon the allegations here made. *fn3"

 The petition is denied.


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