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STRADER v. GARRISON

No. 78-6235.

611 F.2d 61 (1979)

Gene C. STRADER, Appellee, v. Sam GARRISON, Warden, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 20, 1979.

Attorney(s) appearing for the Case

Richard N. League, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen. of N. C., Raleigh, N. C., on brief), for appellant.

T. Paul Hendrick, Winston Salem, N. C. (P. B. Whiting, Winston Salem, N. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, MILLER, Judge,, and PHILLIPS, Circuit Judge.

HAYNSWORTH, Chief Judge:

The district court granted habeas corpus relief to this state prisoner who attacked his conviction, entered upon a plea of guilty, upon the ground of gross misadvice by his lawyer respecting the effect of the new sentence upon his parole eligibility date. North Carolina has appealed upon the ground that the parole eligibility date is but a collateral consequence of the plea of which Strader need not...

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