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CODY v. MORRIS

No. 79-1023.

623 F.2d 101 (1980)

Robert R. CODY, Petitioner/Appellant, v. P. J. MORRIS, Warden, Respondent/Appellee.

United States Court of Appeals, Ninth Circuit.

July 10, 1980.

Attorney(s) appearing for the Case

T. Larson, San Francisco, Cal., argued, for petitioner/appellant; William Flenniken, Jr., San Francisco, Cal., on brief.

Charles M. Buzzell, Deputy Atty. Gen., San Francisco, Cal., for respondent/appellee.

Before GOODWIN, ALARCON and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Cody appeals from the denial by the District Court of his petition for writ of habeas corpus. He claims that his trial took place outside the 120-day period prescribed under the Interstate Agreement on Detainers Act ("IADA") and that because a failure to try a defendant within this period is a violation of a law of the United States cognizable under § 2254, the District Court was required to make an independent factual determination of...

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