Clyde Lee Robinson v. J.L. Sivley

Ninth Circuit

Clyde Lee Robinson v. J.L. Sivley

33 F.3d 59, 1994 U.S. App. LEXIS 30881, 1994 WL 461482

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 25, 1994

Docket93-16958

StatusUnpublished

This text of 33 F.3d 59 (Clyde Lee Robinson v. J.L. Sivley) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Clyde Lee Robinson v. J.L. Sivley, 33 F.3d 59, 1994 U.S. App. LEXIS 30881, 1994 WL 461482 (9th Cir. 1994).

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33 F.3d 59

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Clyde Lee ROBINSON, Petitioner-Appellee,
v.
J.L. SIVLEY, Respondent-Appellant.

No. 93-16958.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 23, 1994.*
Decided Aug. 25, 1994.

Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges.

MEMORANDUM**

The government appeals the district court's grant of habeas corpus relief to Clyde Lee Robinson, a federal prisoner. The government asks us to overrule Brown v. Rison, 895 F.2d 533 (9th Cir.1990), and its progeny. In Brown, the court held that a prisoner was entitled to credit on his sentence for pre-trial time spent in a community treatment center because the conditions approached those of incarceration. 895 F.2d at 536; accord Mills v. Taylor, 967 F.2d 1397 (9th Cir.1992); Tyree v. Taylor, 965 F.2d 773 (9th Cir.1992). As a three-judge panel, we cannot overrule Ninth Circuit precedent. United States v. Lucas, 963 F.2d 243, 247 (9th Cir.1992).

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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33 F.3d 59

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Clyde Lee ROBINSON, Petitioner-Appellee,
v.
J.L. SIVLEY, Respondent-Appellant.

No. 93-16958.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 23, 1994.*
Decided Aug. 25, 1994.

Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges.

MEMORANDUM**

The government appeals the district court's grant of habeas corpus relief to Clyde Lee Robinson, a federal prisoner. The government asks us to overrule Brown v. Rison, 895 F.2d 533 (9th Cir.1990), and its progeny. In Brown, the court held that a prisoner was entitled to credit on his sentence for pre-trial time spent in a community treatment center because the conditions approached those of incarceration. 895 F.2d at 536; accord Mills v. Taylor, 967 F.2d 1397 (9th Cir.1992); Tyree v. Taylor, 965 F.2d 773 (9th Cir.1992). As a three-judge panel, we cannot overrule Ninth Circuit precedent. United States v. Lucas, 963 F.2d 243, 247 (9th Cir.1992).

AFFIRMED.

*

The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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33 F.3d 59, 1994 U.S. App. LEXIS 30881, 1994 WL 461482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clyde-lee-robinson-v-jl-sivley-ca9-1994.

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