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JOHNSON v. GILL

No. 15-16400.

883 F.3d 756 (2018)

Aubry Rea JOHNSON, Petitioner-Appellant, v. A. GILL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 20, 2018.

Attorney(s) appearing for the Case

Lisa Sciandra (argued), San Leandro, California, for Petitioner-Appellant.

Michael G. Tierney (argued), Assistant United States Attorney; Camil A. Skipper , Appellate Chief; Phillip A. Talbert , United States Attorney; United States Attorney's Office, Fresno, California; for Respondent-Appellee.

Dissent by Chief District Judge Oliver.

OPINION

Aubry Johnson was criminally convicted in both state and federal court. Both courts sentenced him to serve periods of incarceration, with the federal sentence to run consecutively to the state sentence. While serving his state sentence, he was twice erroneously turned...

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