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UNITED STATES v. CARBO

No. 72-2399.

474 F.2d 698 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Paul John CARBO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

February 23, 1973.

Attorney(s) appearing for the Case

John Paul Carbo, in pro. per.

William D. Keller, U. S. Atty., Lawrence W. Campbell, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLIN and DUNIWAY, Circuit Judges, and WEIGEL, District Judge.

PER CURIAM:

Carbo appeals from an order denying his motion under Rule 35, F.R.Crim.P. to correct and reduce sentence. We reverse.

On December 2, 1961, Carbo was sentenced to twenty-five years in prison. Notice of appeal was filed, and Carbo elected under Rule 38(a)(2) not to begin to serve his sentence. On May 16, 1962, he elected to begin serving the sentence. Carbo now seeks credit for the period between December...

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