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JOHNSON v. RIVELAND

No. 85-2817.

855 F.2d 1477 (1988)

David Earle JOHNSON, Petitioner-Appellee, v. Chase RIVELAND, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

September 2, 1988.

Attorney(s) appearing for the Case

Robert M. Petrusak, Asst. Atty. Gen. of Colorado, Denver, Col. (Duane Woodard, Atty. Gen. of Colorado, Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eric Perryman, Asst. Atty. Gen., Denver, Colo. were also on the Brief), for respondent-appellant.

William R. Durland, Wallingford, Pa., for petitioner-appellee.

Before HOLLOWAY, Chief Judge, and McWILLIAMS and BALDOCK, Circuit Judges.

HOLLOWAY, Chief Judge.

This appeal involves a petition for habeas corpus brought by a Colorado prisoner, David Earle Johnson. In state court, Johnson was convicted on three counts of aggravated robbery and sentenced to three consecutive terms of 13-40 years. In his habeas petition, Johnson claimed that the denial of credit for time spent in pretrial confinement, with respect to both the maximum and minimum terms imposed, violated the Equal Protection Clause of the...

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