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SAVAGE v. HENDERSON

No. 73-1092.

475 F.2d 78 (1973)

Joseph W. SAVAGE, Petitioner-Appellant, v. J. D. HENDERSON, Warden, United States Penitentiary, Atlanta, Ga., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 14, 1973.

Attorney(s) appearing for the Case

Joseph W. Savage, pro se.

John W. Stokes, U. S. Atty., Anthony M. Arnold, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

This appeal is taken from an order of the district court dismissing the mandamus petition of a federal prisoner seeking credit under 18 U.S.C. § 3568 on his federal sentence for time spent in state custody. The government has moved to remand the case for findings, admitting that appellant has alleged facts which, if true, would entitle him to relief. We grant the motion and remand the case.

While on mandatory release from a ten-year federal...

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