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UNITED STATES v. O'BRIEN

No. 85-5194.

789 F.2d 1344 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Henry Leroy O'BRIEN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 1986.

Attorney(s) appearing for the Case

Charles Lee, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Carlton F. Gunn, Deputy Federal Public Defender, Los Angeles, Cal., for defendant-appellant.

Before KENNEDY and SCHROEDER, Circuit Judges, and ORRICK, District Judge.

ORRICK, District Judge:

In this appeal from the denial of a motion for release from probation supervision, appellant, Henry Leroy O'Brien, contends that his five-year term of probation began to run from the date he was released from federal custody in 1979 rather than the date he was released from Oklahoma custody in 1983 because the district judge who imposed the term of probation did not specify in the judgment and commitment order ("judgment") whether probation...

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