Mileham v. Simmons

588 F.2d 1279 Robert E. MILEHAM, suing on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. Daniel D. SIMMONS, Chairman, Arizona Board of Pardons and Paroles, John J. Moran, Director, Arizona Department of Corrections, and Harold J. Cardwell, Superintendent, Arizona State Prison, Defendants-Appellants. No. 78-1653. United States Court of Appeals, Ninth Circuit. Jan. 3, 1979. B. Michael Dann, Phoenix, Ariz., on brief, for defendants-appellants. Cleon M. Duke, Asst. Atty. Gen., Phoenix, Ariz., on brief, for plaintiff-appellee. Appeal from the United States District Court for the District of Arizona. Before DUNIWAY and CHOY, Circuit Judges, and EAST, * District Judge. DUNIWAY, Circuit Judge: 1 Mileham's custodians and the chairman of Arizona's Board of Pardons and Paroles appeal from an order granting Mileham's petition for a writ of habeas corpus. We reverse. 2 On October 18, 1971, Mileham, an Arizona state prisoner, was convicted of escaping in violation of Ariz.R.S. § 13-392. At that time, he was serving a term of 25 to 40 years under a 1964 conviction for robbery with a prior conviction, Ariz.R.S. §§ 13-641, 13-643. His sentence on the…