VASQUEZ v. COOPER

No. 86-1076.

862 F.2d 250 (1988)

Paul Luna VASQUEZ, Petitioner-Appellant, v. Thomas COOPER, et al., Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 30, 1988.


Attorney(s) appearing for the Case

Brian K. Holland (Michael G. Katz, Federal Public Defender, of Denver, Colo., with him on the briefs), Asst. Federal Public Defender, Denver, Colo., for petitioner-appellant.

John Milton Hutchins (Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., and Richard H. Forman, Sol. Gen., with him on the briefs), First Asst. Atty. Gen., Denver, Colo., for respondents-appellees.

Before LOGAN, McWILLIAMS and TACHA, Circuit Judges.


TACHA, Circuit Judge.

This is an appeal from the denial of a petition for writ of habeas corpus by the United States District Court for the District of Colorado. The issue on appeal is whether the fourteenth amendment requires that a state prisoner receive credit against his sentence for all presentence time spent in custody due solely to his inability to post bail, when the sentencing judge considers such presentence time in determining the sentence and the sentence...

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