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GRAY v. WARDEN OF MONTANA STATE PRISON

No. 74-1810.

523 F.2d 989 (1975)

Thomas Charles GRAY, Petitioner-Appellant, v. WARDEN OF the MONTANA STATE PRISON, STATE OF MONTANA, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

September 25, 1975.

Attorney(s) appearing for the Case

Sam Haskins, San Francisco, Cal., for petitioner-appellant.

Robert Woodahl, Atty. Gen., Helena, Mont., for respondents-appellees.

Before KOELSCH, Circuit Judge, KILKENNY, Senior Circuit Judge, and EAST, Senior District Judge.

OPINION

EAST, Senior District Judge:

The order of the District Court denying Gray's petition for a 28 U.S.C. § 2254 Writ of Habeas Corpus is affirmed.

Gray was held in a Montana county jail under charges of robbing a Western Union Office at Great Falls, in lieu of "making" fixed bail, for 31 calendar days before being sentenced on June 3, 1970 upon his voluntary plea of guilty. The sentence was a probationary order of a three year deferred imposition...

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