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HENRIQUE v. UNITED STATES MARSHAL

No. C-78-1328 SW.

476 F.Supp. 618 (1979)

John Riley HENRIQUE, Petitioner, v. UNITED STATES MARSHAL, and United States Parole Commission, Respondents.

United States District Court, N. D. California.

June 26, 1979.

Attorney(s) appearing for the Case

G. William Hunter, U. S. Atty., Sanford Svetcov, F. Steele Langford, Cedric C. Chao, Asst. U. S. Attys., San Francisco, Cal., for respondents.

Charles R. Garry, Nancy Van Zwalenburg, Garry, Dreyfus, McTernan, Brotsky, Herndon & Pesonen, Inc., San Francisco, Cal., for petitioner.

MEMORANDUM OPINION AND ORDER

SPENCER WILLIAMS, District Judge.

John Riley Henrique brings this petition for a writ of habeas corpus challenging his arrest more than six years after he was first sentenced under the Youth Corrections Act for alleged parole violations. His petition raises three issues: whether his Youth Act sentence was tolled while he absconded from supervision; whether the Parole Commission is estopped from asserting jurisdiction over him...

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