ELLIOTT v. UNITED STATES

No. 76-2283.

572 F.2d 238 (1978)

Richard Paul ELLIOTT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

March 15, 1978.


Attorney(s) appearing for the Case

Ernest F. Schulzke, Auburn, Cal., for appellant.

Samuel Coon, Asst. U. S. Atty., Reno, Nev., for appellee.

Before GOODWIN, WALLACE, and HUG, Circuit Judges.


PER CURIAM:

Elliott is serving a 65-year sentence for kidnapping and escape. In 1969, the trial court modified his sentence so that he would serve it under former 18 U.S.C. § 4208(a)(2) (current 18 U.S.C. § 4205(b)(2)), which allows the Parole Board to release a prisoner on parole before he completes a specific period in custody. In 1976, Elliott filed under 28 U.S.C. § 2255 a motion to vacate or correct the sentence. The sentencing court denied the...

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