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Harold B. Austin v. Edward W. Murray, Director of The Virginia Department of Corrections, 875 F.2d 314, 4th Cir. (1989)
Harold B. Austin v. Edward W. Murray, Director of The Virginia Department of Corrections, 875 F.2d 314, 4th Cir. (1989)
Harold B. Austin v. Edward W. Murray, Director of The Virginia Department of Corrections, 875 F.2d 314, 4th Cir. (1989)
2d 314
Unpublished Disposition
Initially, we reject Austin's attempt to base federal relief on a claim that the
DOC has misinterpreted state law. See Schwindling v. Smith, 777 F.2d 431,
433 (8th Cir.1985).
We dispense with oral argument because the facts and legal contentions are
adequately presented in the record before this Court and oral argument would
not aid the decisional process.
DISMISSED.
As a third offender, Austin must serve one-half of the term imposed, not to
exceed 14 years. Va.Code Sec. 53.1-151(A)(3)
As a first offender, Austin would only have to serve one-fourth of the term
imposed. Va.Code Sec. 53.1-151(A)(1)