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____________________
No. 95-1750
PETER WHITE,
Petitioner, Appellant,
v.
Respondents, Appellees.
____________________
____________________
Before
____________________
____________________
____________________
Per Curiam.
__________
In
under 28
U.S.C.
2254,
petitioner
Peter White
complains that
the
warrant
against him.
first awaiting
During that
federal offenses.
We
period, petitioner
was
that no
Petitioner is
to a revocation
custody
observed,
hearing prior
in 1992.
petitioner
Prior thereto,
was never
triggers
to his
release from
as the
"taken
he was entitled
federal
Magistrate-Judge
into
custody as
Moody v.
_____
United States
_______
v.
______
(noting that
the
77 (1st Cir.
____
_____________
placed
is already in custody
charge or serving a
while on
between issuance
and execution
-2-
of the
so
unreasonable
board's
as to have resulted
authority
to
return
1994) (per
prison.
In re Zullo,
___________
See
___
Tippens, 39 F.3d
_______
Cir. 1983);
of the parole
petitioner to
v. Bogan, 66 F.3d
_____
Cir.
in a waiver
88, 90
(5th
Hill, 719
____
F.2d
420 Mass.
872
(1995).
served
Petitioner
Yet
law called
for such a
result.
See
___
37
other grounds,
_____________
(1995); Smith v.
_____
In re Zullo,
___________
State Parole
____________
Petitioner in
to demonstrate that
made
that
deferral of
the revocation
mitigating
evidence."
petitioner
contends
opportunity
to
concurrently.
in Moody, where
_____
hearing
"undermine[d] his
Tippens, 39
_______
only
serve
his
that
he
federal
F.3d at
was
and
90.
-3-
Instead,
deprived
state
to proffer
of
the
sentences
rejected
commission
retained
the
equivalent
of
unconditional
accord,
______
77;
discretion
concurrent
or
is
grant,
sentences
retroactively,
and
conditional release."
the
to
provide
for
429
U.S. at
87;
the
"to
940 (1990).
here, in
without
constitutional
Affirmed.
_________
significance.
See,
___
e.g.,
____
-4-