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SPIGNER v. UNITED STATES

No. 71-2300.

452 F.2d 1208 (1971)

Earl SPIGNER, aka Daniel Lovall Spigner, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 22, 1971.

Attorney(s) appearing for the Case

Earl Spigner, in pro. per.

Harry D. Steward, U. S. Atty., Stephen G. Nelson, Acting Chief, Crim. Div., Shelby R. Gott, Asst. U. S. Atty., San Diego, Cal., for defendant-appellee.

Before CHAMBERS, KOELSCH and KILKENNY, Circuit Judges.

PER CURIAM :

Spigner is now serving a term of six years in a federal penitentiary for a narcotics offense. The sentence was imposed May 2, 1966. He was admitted to bail pending appeal, and his federal appellate efforts were not exhausted until March 20, 1967. Apparently someone neglected to take him into custody during the ensuing 13 months.

Concurrently with his federal troubles, he was having California state troubles. There he was sentenced on a burglary...

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