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UNITED STATES v. WARREN

Nos. 79-1081, 79-1082, 79-1084 and 79-7301.

610 F.2d 680 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Nathan J. WARREN, Sr., Defendant-Appellee. UNITED STATES of America, Plaintiff, and State of Arizona, Intervenor and Appellant, v. Nathan J. WARREN, Sr., Defendant-Appellee. UNITED STATES of America, Plaintiff, and County of Maricopa, Intervenor and Appellant, v. Nathan J. WARREN, Sr., Defendant-Appellee. UNITED STATES ATTORNEY, Petitioner, v. UNITED STATES DISTRICT COURT FOR the DISTRICT OF ARIZONA, Respondent, Nathan Jacques Warren, Sr., Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 10, 1980.

Attorney(s) appearing for the Case

Michael D. Hawkins, U. S. Atty., Frank L. Murray, David McCord, Phoenix, Ariz. (argued), Philip J. MacDonnell, Barnett S. Lotstein, Phoenix, Ariz., on brief, for plaintiff-appellant.

Wm. H. McLean, Phoenix, Ariz., Norman Roy Grutman, New York City, for defendant-appellee; Stewart & McLean, Phoenix, Ariz., on brief.

Before GOODWIN and WALLACE, Circuit Judges, and BARTELS, District Judge.

GOODWIN, Circuit Judge:

The United States, the State of Arizona, and Maricopa County appeal an order by the district court which transferred Nathan Warren, Sr. from state to federal custody and which credited his federal sentences with time spent in state custody. Because the district court exceeded its jurisdiction under Fed.R.Crim.P. 35 in granting relief, we reverse the orders with respect to the terms contested by appellants.

In September 1975, Warren...

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