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ODDO v. SWOPE

No. 12912.

193 F.2d 492 (1951)

ODDO v. SWOPE.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 28, 1952.

Attorney(s) appearing for the Case

John M. Naff, Jr., and Malcolm T. Dungan, San Francisco, Cal., for appellant.

Chauncey Tramutolo, U. S. Atty., Joseph Karesh, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from an order of the district court dismissing a petition for a writ of habeas corpus and discharging an order to show cause.

There are two issues on this appeal: (a) the appellant was sentenced on 9 counts of an indictment — 10 years each on counts 1 and 2, to run concurrently; 5 years on counts 3-8, to run concurrently with each other but consecutively to the prior sentence; and 1 year and a day on count 9 to...

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