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CANAVARI v. RICHARDSON

No. 24314.

419 F.2d 1287 (1969)

James J. CANAVARI, Petitioner-Appellant, v. G. V. RICHARDSON, Respondent-Appellee.

United States Court of Appeals Ninth Circuit.

December 19, 1969.

Attorney(s) appearing for the Case

James J. Canavari, in pro. per.

Eugene Kramer, Herbert M. Schoenberg, Frederick M. Brosio, Jr., Asst. U. S. Attys., Wm. Matthew Byrne, Jr., U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, KOELSCH and KILKENNY, Circuit Judges.

PER CURIAM:

Appellant, a federal prisoner, takes this appeal from the denial of his petition for habeas corpus. He urges that the time he spent "in custody" but on parole must count as time served on his three year sentence.

As explained by the trial judge who heard the petition:

"In essence, petitioner's argument is that after revocation of parole and return to prison, he was entitled to have the time during which he was on parole credited against...

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