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ORTEGA v. UNITED STATES

No. 74-1653.

510 F.2d 412 (1975)

Ruben ORTEGA, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

February 11, 1975.

Attorney(s) appearing for the Case

Winston Roberts-Hohl, Asst. Federal Public Defender, Albuquerque, N. M., for petitioner-appellant.

Before SETH, McWILLIAMS and BARRETT, Circuit Judges.

PER CURIAM

Appellant Ortega pleaded guilty to violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 on March 12, 1973. Sentence was to three years imprisonment to be followed by the special three year parole term provided for in 21 U.S.C. § 841(c). Ortega initiated the instant proceedings when he filed a motion pursuant to 28 U.S.C. § 2255 in the sentencing court claiming that he should have been granted credit toward sentence for the period of...

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