JOHNSON v. WILLIFORD

No. 81-5764.

682 F.2d 868 (1982)

Charles A. JOHNSON, Petitioner-Appellee, v. J. WILLIFORD, Warden, Metropolitan Correctional Center; United States Parole Commission; and United States of America, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1982.


Attorney(s) appearing for the Case

Kenneth Caruso, Dept. of Justice, Washington, D.C., for respondents-appellants.

Frank T. Vecchione, San Diego, Cal., for petitioner-appellee.

Before FLETCHER, PREGERSON and REINHARDT, Circuit Judges.


FLETCHER, Circuit Judge:

The government appeals from the district court's order granting Johnson's writ of habeas corpus. Johnson was convicted and sentenced under a federal statute requiring a minimum term of ten years, without possibility of parole. Neither the sentencing order nor the initial sentence computation report noted Johnson's ineligibility for parole. After numerous reviews by the Parole Commission and various other federal officers, none of whom uncovered...

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