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DE PERALTA v. GARRISON

No. 77-2182.

575 F.2d 749 (1978)

Arthur John DE PERALTA, Plaintiff-Appellant, v. William GARRISON, Warden of the Federal Correctional Institution at Pleasanton, CA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 24, 1978.

Attorney(s) appearing for the Case

Frank R. Ubhaus (argued), of Humphreys, Berger & Pitto, San Jose, Cal., for plaintiff-appellant.

Erick J. Swenson (argued), San Francisco, Cal., for defendant-appellee.

Before CARTER, Senior Circuit Judge, HUG, Circuit Judge, and HAUK, District Judge.

HAUK, District Judge:

This case is an appeal from an order of the United States District Court for the Northern District of California (Hon. Robert F. Peckham, J.) denying petitioner-appellant De Peralta's petition for a writ of habeas corpus.

The parties do not dispute the pertinent facts. On May 14, 1973, the United States District Court for the Northern District of California sentenced appellant De Peralta to the custody of the Attorney General for 10 years...

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