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UNITED STATES v. SORRELL

No. 76-1647.

562 F.2d 227 (1977)

UNITED STATES of America, Appellant, v. Leroy SORRELL.

United States Court of Appeals, Third Circuit.

Reargued May 12, 1977.

Decided August 22, 1977.

Attorney(s) appearing for the Case

David W. Marston, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Edward S. G. Dennis, Jr., Asst. U. S. Atty., Philadelphia, Pa., for appellant.

David A. Garfunkel, Philadelphia, Pa., Douglas Riblet, Defender Ass'n of Philadelphia, for appellee.

Reargued en banc May 12, 1977 before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Reargued En Banc May 12, 1977.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal by the United States from an order of the district court which dismissed an indictment against the defendant because of the Government's failure to comply with the Interstate Agreement on Detainers, 18 U.S.C.App. p. 230 (1977 Supp.) (the Detainer Agreement). We affirm for the reasons stated below.

I.

On March 23, 1976, an Eastern District...

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