Oddo

This is an appeal from an order of the district court dismissing a petition for a writ of habeas corpus and discharging an order to show cause.

There are two issues on this appeal: (a) the appellant was sentenced on 9 counts of an indictment — 10 years each on counts 1 and 2, to run concurrently; 5 years on counts 3-8, to run concurrently with each other but consecutively to the prior sentence ; and 1 year and a day on count 9 to run concurrently with prior sentences, for a total of 15 years; and appellant alleges that the sentences on counts 2-8 are void because those counts charge the same crime that count 1 charges; (lb) the court below dismissed the petition on the ground it was premature, in that certain good time credits of the appellant had been revoked by a prison board, and the court held it could not look into the propriety of this revocation.

The facts giving rise to the indictment are set out in Swope v. Mugavero, 9 Cir., 188 F.2d 601 , which was an appeal by the United States from the denial of its motion to dismiss a petition for a writ of habeas corpus made by one of Oddo’s co-defendants. In that case, Mugavero raised the same issues as to counts 3-8 of his…