Robert Dume Washburn v. Joseph H. Crabtree

Good Law
983 F.2d 1080·1993 WL 6621·1993 U.S. App. LEXIS 5725
United States Court of Appeals for the Ninth CircuitJanuary 14, 199391-35993California470 words

Opinion

Opinion

983 F.2d 1080 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert Dume WASHBURN, Petitioner-Appellant, v. Joseph H. CRABTREE, Respondent-Appellee. No. 91-35993. United States Court of Appeals, Ninth Circuit. Submitted Oct. 8, 1992. * Decided Jan. 14, 1993. Before HUG, FLETCHER and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner appeals the district court's denial of his petition for writ of habeas corpus on the basis that he is "being unlawfully detained beyond the sentence imposed by the courts." 3 Petitioner was sentenced to a federal term of imprisonment of eleven years and six months. When calculating "time served" on a federal sentence, appellant is not entitled to be credited for time served in state custody on a state conviction. Raines v. U.S. Parole Comm'n, 829 F.2d 840, 843 (9th Cir.1987). Nor must a federal warrant be served before completion of that intervening state sentence. Hopper v. U.S. Parole Comm'n, 702 F.2d 842, 848 (9th Cir.1983). The…

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