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WASKO v. VASQUEZ

No. 86-5941.

820 F.2d 1090 (1987)

Joseph Michael WASKO, Petitioner-Appellant, v. Daniel VASQUEZ, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission vacated April 22, 1987.

Resubmitted May 18, 1987.

Decided June 29, 1987.

As Amended September 9, 1987.

Attorney(s) appearing for the Case

Joseph Michael Wasko, Tamal, Cal., for petitioner-appellant.

Maxine P. Cutler, San Diego, Cal., for respondent-appellee.

Before ANDERSON, SKOPIL and REINHARDT, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

Joseph Michael Wasko ("Wasko") appeals from the district court's partial denial of his 28 U.S.C. § 2254 habeas corpus petition. The petition sought to have his determinate term for escape from local custody reduced from two years to eight months. We reverse.2

I. FACTS

Wasko was charged by information with escape from county jail pursuant to Cal. Penal Code § 4532(b). Wasko...

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