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WRIGHT v. MARYLAND PENITENTIARY, STATE OF MARYLAND

No. 12942.

429 F.2d 1101 (1970)

Elijah WRIGHT, Appellant, v. MARYLAND PENITENTIARY, STATE OF MARYLAND, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1970.

Attorney(s) appearing for the Case

Robert E. Cahill, Baltimore, Md. (Court-assigned counsel) for appellant.

Alfred J. O'Ferrall, III, Asst. Atty. Gen., of Maryland (Francis B. Burch, Atty. Gen. of Maryland, on brief) for appellee.

Before BRYAN, CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

Elijah Wright appeals from the denial of his federal petition for a writ of habeas corpus. He asks that we reverse the district court and order that the writ issue conditionally — unless Maryland will credit the time he was incarcerated before trial against his state sentence. Because Wright must further exhaust his state remedies, we remand to the district court with instructions.

I.

On December 18, 1964, the police...

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