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BROWN v. MITCHELL

No. 78-6444.

598 F.2d 835 (1979)

James Ambrose BROWN, Appellant, v. James P. MITCHELL, Superintendent of the Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1979.

Attorney(s) appearing for the Case

Larry J. Ritchie, Washington, D.C. (Michael E. Geltner, Professor, Washington, D.C., Geoffrey W. Mangum, Third Year Law Student, Georgetown University Law Center on brief), for appellant.

Jim L. Chin, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellee.

Before BUTZNER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.

BUTZNER, Circuit Judge:

The sole issue in this appeal is whether United States v. Mauro, 436 U.S. 340, 98 S.Ct. 1834, 56 L.Ed.2d 329 (1978), applies to a state conviction that became final prior to the date when Mauro was decided.1 Under the Supreme Court's interpretation of the Interstate Agreement on Detainers in Mauro, the Commonwealth of Virginia tried James Ambrose Brown in violation...

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