No. 96-6154.

158 F.3d 1060 (1998)

James F. JOHNSON, Petitioner-Appellee, v. Thomas KINDT, Warden and U.S. Parole Commission, Respondents-Appellants. District Of Columbia, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Ordered Published September 25, 1998.

Attorney(s) appearing for the Case

Patrick M. Ryan, United States Attorney, Steven K. Mullins, Assistant U.S. Attorney, Oklahoma City, Oklahoma, Lisa Simotas, Attorney for the Department of Justice, Washington, D.C., for Respondents-Appellants.

Richard Eisenberg, Assistant Federal Public Defender, Oklahoma City, Oklahoma, for Petitioner-Appellee.

Charles L. Reischel, Deputy Corporation Counsel, Mary L. Wilson, Assistant Corporation Counsel, Washington, D.C., for Amicus Curiae.

Before KELLY, BARRETT, and HENRY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Petitioner-appellee James F. Johnson is an inmate in federal custody serving an aggregate U.S.Code and District of Columbia (D.C.) Code sentence. In district court, Johnson filed a habeas petition, pursuant to 28 U.S.C. § 2241, arguing that he was entitled to credit under his D.C. sentence for "street time" accrued prior to revocation of his parole. The district court agreed and granted the requested relief. On appeal by respondents...

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