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U. S. EX REL. CARUSO v. U. S. BD. OF PAROLE

No. 77-1253.

570 F.2d 1150 (1978)

UNITED STATES of America ex rel. Ciro M. CARUSO, N. J. S. P. No. 56349, Appellant, v. UNITED STATES BOARD OF PAROLE.

United States Court of Appeals, Third Circuit.

Decided January 5, 1978.

Attorney(s) appearing for the Case

David A. Ruhnke, Asst. Federal Public Defender, Newark, N. J., for appellant; Martin C. Aronchick, law student, on the brief.

Jonathan L. Goldstein, U. S. Atty., Newark, N. J., for appellee; Ralph A. Jacobs, Asst. U. S. Atty., Newark, N. J., on the brief.

Before ADAMS and GARTH, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal presents the question expressly reserved in Moody v. Daggett, 429 U.S. 78, 97 S.Ct. 274, 50 L.Ed.2d 236 (1976): whether the lodging of an unexecuted federal parole violator warrant as a detainer with state prison authorities violates the due process rights of a state prisoner when he is not afforded an immediate parole revocation hearing. Id. at 88, 97 S...

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