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BESHAW v. FENTON

No. 79-1777.

635 F.2d 239 (1980)

Arthur Joseph BESHAW, Appellant, v. Charles FENTON, Warden U. S. Penitentiary et al.

United States Court of Appeals, Third Circuit.

Decided December 15, 1980.

Attorney(s) appearing for the Case

Warren R. Baldys, Jr., Karl K. Baldys (argued), Baldys & Baldys, Williamsport, Pa., for appellant.

Carlon M. O'Malley, Jr., U. S. Atty., Joseph F. Cimini (argued), Asst. U. S. Atty., Scranton, Pa., for appellee.

Before SEITZ, Chief Judge, ADAMS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this appeal, a prisoner convicted in a state court and originally incarcerated in a state prison challenges his transfer to federal custody on the ground that the applicable federal statute did not authorize it, and on the further ground that the hearing preceding the transfer was inadequate.

FACTS:

Arthur Beshaw was convicted in the Vermont state courts for the crime of breaking and...

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