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VIALPANDO v. PATTERSON

No. 9195.

382 F.2d 588 (1967)

Christoforo Ramon VIALPANDO, Appellant, v. Wayne K. PATTERSON, Warden of the Colorado State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 23, 1967.

Attorney(s) appearing for the Case

Cannon Harvey, Denver, Colo. (Judson W. Detrick, Denver, Colo., on the brief), for appellant.

James F. Pamp, Denver, Colo. (Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., James F. Pamp, Asst. Atty. Gen., on the brief), for appellee.

Before JONES, SETH and HICKEY, Circuit Judges.

PER CURIAM:

The appellant, while serving a sentence of a court of Colorado in a prison of that state, attempted to escape and was sentenced, following a plea of guilty, for felonious escape. He was given a five year sentence to run consecutively with the sentence previously given. His good time accrual under his first sentence was forfeited by the attempted escape. He asserted, by a petition for habeas corpus, that because of the forfeiture of good time, he was placed...

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