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WILBURN v. NELSON

No. C-70 1402.

323 F.Supp. 585 (1970)

Byron Milton WILBURN, Petitioner, v. Warden L. S. NELSON et al., Respondents.

United States District Court, N. D. California.

November 25, 1970.

Attorney(s) appearing for the Case

Evelle J. Younger, Atty. Gen. of Cal., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for respondents.

Byron Milton Wilburn, in pro. per.

ORDER SETTING ASIDE REDETERMINATION OF SENTENCE.

ZIRPOLI, District Judge.

Petitioner is currently serving a sentence of six months to 14 years in San Quentin State Prison for violation of Cal.Pen.Code § 476 [issuing fictitious checks], imposed originally on March 4, 1959. Since the beginning of his sentence, petitioner has appeared before the California Adult Authority, or had his sentence considered by the Adult Authority, some 21 separate times. It...

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