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JOHNSON v. PRAST

Nos. 76-1550, 76-1582.

548 F.2d 699 (1977)

Elmer L. JOHNSON, Petitioner-Appellant, v. Paul PRAST, Respondent-Appellee. Harold SMITH, Petitioner-Appellant, v. Ramon L. GRAY, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Argued January 7, 1977.

Decided January 26, 1977.

Supplement to Opinion March 9, 1977.

Rehearing Denied April 5, 1977.

Attorney(s) appearing for the Case

James A. Walrath, Milwaukee, Wis., for petitioner-appellant in No. 76-1550.

Charlene R. Bohl, Post-Conviction Defense Project, Madison, Wis., for petitioner-appellant in No. 76-1582.

Bronson C. La Follette, Atty. Gen., John M. Schmolesky, Asst. Atty. Gen., Madison, Wis., for respondents-appellees.

Before CUMMINGS and TONE, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing Denied April 5, 1977.

Argued in No. 76-1550 November 4, 1976.

Argued in No. 76-1582 January 7, 1977.

Rehearing and Rehearing En Banc Denied April 5, 1977.

TONE, Circuit Judge.

These habeas-corpus actions challenge state sentences as having been imposed without consideration of presentence custody resulting from defendants' financial inability to make bail. In Faye v. Gray, 541 F.2d 665...

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