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COX v. UNITED STATES EX REL. ARRON

No. 76-1583.

551 F.2d 1096 (1977)

Eddie David COX, Plaintiff-Appellant, v. UNITED STATES of America ex rel. R. L. ARRON, Warden, U. S. Penitentiary, Marion, Illinois, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 1977.

Attorney(s) appearing for the Case

Robert W. Lewis, Benton, Ill., for plaintiff-appellant.

Henry A. Schwarz, U.S. Atty. and Timothy J. Gifford, Asst. U.S. Atty., East St. Louis, Ill., for defendant-appellee.

Before CASTLE, Senior Circuit Judge, and TONE and WOOD, Circuit Judges.

CASTLE, Senior Circuit Judge.

Plaintiff Eddie David Cox, a prisoner at the United States Penitentiary at Marion, Illinois, seeks credit against his federal sentence for time served on a state conviction. His claim is based on the fact that his imprisonment on the federal sentence was interrupted to permit him to complete a state sentence which was reinstated after his collateral attack on the state conviction failed. He raises three arguments in support of his claim...

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