GRAY v. BENSON

Civ. A. No. 77-3041.

458 F.Supp. 1209 (1978)

James O. GRAY, Petitioner, v. C. L. BENSON, Warden, Respondent.

United States District Court, D. Kansas.

October 31, 1978.


Attorney(s) appearing for the Case

Howard L. Eisberg, Kansas City, Mo., for petitioner.

James P. Buchele, U. S. Atty., Roger M. Theis, Asst. U. S. Atty., Topeka, Kan., for respondent.


MEMORANDUM AND ORDER

O'CONNOR, District Judge.

Petitioner, an inmate at the United States Penitentiary, Leavenworth, Kansas, filed this action pursuant to 28 U.S.C. § 2255 asserting that the federal indictment, which resulted in his current sentence, should have been dismissed under Article IV(e) of the Interstate Agreement on Detainers, 18 U.S.C. Appendix (1978 Supp.) [hereinafter referred to as the IAD].

The facts are fully set out in a prior...

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