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ESPINOZA v. SABOL

No. 08-1712.

558 F.3d 83 (2009)

Gilbert ESPINOZA, Petitioner, Appellant, v. Carolyn A. SABOL, Warden of FMC Devens, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided February 27, 2009.

Attorney(s) appearing for the Case

Timothy G. Watkins, Federal Defender Office, for appellant.

Anton P. Giedt, Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, was on brief for appellee.

Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

LYNCH, Chief Judge.

The primary issue raised on this federal habeas appeal is whether an escaped prisoner can shorten his term of actual incarceration under the common law doctrine of credit for time erroneously at liberty because, after he was picked up, he was inadvertently released and remained at liberty for a period of fourteen months before he was eventually arrested again. The district court answered this question "No," Espinoza v. Sabol, No. 06-cv-11974...

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