Clyde Lee Robinson, Petitioner-appellee, v. J.l. Sivley, Respondent-appellant, 33 F.3d 59 (9th Cir. 1994)

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U.S. Court of Appeals for the Ninth Circuit - 33 F.3d 59 (9th Cir. 1994) 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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