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TISNADO v. UNITED STATES

No. 75-1066.

547 F.2d 452 (1976)

Augustine Rivera TISNADO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee, John Moran, Director, Arizona Department of Corrections, and Harold Cardwell, Superintendent, Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing December 22, 1976.

Attorney(s) appearing for the Case

B. Michael Dann (argued), of Treon, Warnicke & Dann, Phoenix, Ariz., for petitioner-appellant.

Michael A. Johns, Asst. U.S. Atty. (argued), Phoenix, Ariz., for respondent-appellee.

Before WRIGHT and CHOY, Circuit Judges, and ORRICK, District Judge.

CHOY, Circuit Judge:

In 1967, Tisnado entered guilty pleas to two counts of conspiracy, 18 U.S.C. § 371, arising out of two bank robberies. He was sentenced to two consecutive five-year terms, the federal sentences to commence at the termination of state sentences then in effect.

In 1974, Tisnado brought a 28 U.S.C. § 2255 challenge against the federal sentences, alleging that the two prior state convictions (one in 1967 and the other in 1954) were...

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