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TANNER v. SIVLEY

No. 94-15782.

76 F.3d 302 (1996)

Randall J. TANNER, Petitioner-Appellee, v. J.L. SIVLEY, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 9, 1996.

Attorney(s) appearing for the Case

Lisa Simotas, United States Department of Justice, Washington, D.C., and Eugene R. Bracamonte, Assistant United States Attorney, Tucson, Arizona, for respondent-appellant.

George H. Soltero, Assistant Federal Public Defender, Tucson, Arizona, for petitioner-appellee.

Before: SCHROEDER and ALARCON, Circuit Judges, and WHALEY, District Judge.

OPINION

SCHROEDER, Circuit Judge:

This is an appeal by the United States from a district court order granting a habeas corpus petition pursuant to 28 U.S.C. § 2241. At issue is whether petitioner should be given credit for time spent in a community treatment center as a condition of probation.

On September 29, 1986, petitioner Randall J. Tanner pleaded guilty in the United States District Court for the Western District of Texas to the use of...

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