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CRONE v. COCKRELL

No. 02-10020.

324 F.3d 833 (2003)

Burtis Jackson CRONE, Jr., Petitioner-Appellant, v. Janie COCKRELL, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 1, 2003.

Attorney(s) appearing for the Case

Carlton C. McLarty, Asst. Fed. Pub. Def., Dallas, TX, for Petitioner-Appellant.

James Michael Terry, Jr., Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before DeMOSS and STEWART, Circuit Judges, and LITTLE, District Judge.

CARL E. STEWART, Circuit Judge:

Burtis Jackson Crone, Jr. ("Crone") is currently serving a thirty-year sentence for a 1994 burglary conviction. Crone was erroneously released from custody on June 22, 1997 and then rearrested on June 7, 1998. This Court granted a Certificate of Appealability ("COA") "on the issue of whether Crone's sentence should be credited for the out of custody period following his being notified of his erroneous release." For the following reasons...

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