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UNITED STATES v. RODRIGUEZ

No. 82-1048.

682 F.2d 827 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Edward Joseph RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1982.

As Modified August 19, 1982.

Attorney(s) appearing for the Case

Yolanda Barrera Gomez, Los Angeles, Cal., for defendant-appellant.

William L. Webber, Asst. U. S. Atty., Los Angeles, Cal., William S. Farmer, Jr., Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before ANDERSON, FERGUSON and REINHARDT, Circuit Judges.

FERGUSON, Circuit Judge:

This is a case determining when a term of probation began to run. Commendably, the district court, recognizing the importance of the issue, postured the case to insure an effective appeal.

In the fall of 1973, defendant Rodriguez pleaded guilty to one count of bank robbery and on October 1, 1973 was sentenced to a 12-year prison term. The court ordered the suspension of the prison term on the condition that the defendant spend the...

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