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TAVAREZ v. U.S. ATTY. GEN.

No. 81-1295 Summary Calendar.

668 F.2d 805 (1982)

Jesse Lopez TAVAREZ, Ex Parte, Petitioner-Appellant, v. U. S. ATTORNEY GENERAL, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 22, 1982.

Attorney(s) appearing for the Case

Joseph J. Rey, Jr., El Paso, Tex., for petitioner-appellant.

Shirley Baccus-Lobel, Asst. U.S. Atty., Dallas, Tex., for respondent-appellee.

Before CLARK, Chief Judge, REAVLEY and RANDALL, Circuit Judges.

REAVLEY, Circuit Judge:

This case presents a novel question under the United States-Mexico treaty concerning the transfer of criminal prisoners and its implementing legislation, Act of Oct. 28, 1977, Pub.L. No. 95-144, 91 Stat. 1212 (codified at 18 U.S.C. §§ 3244, 4100-4115 (Supp. III 1979)) (hereinafter the "Foreign Offenders Transfer Act"): If a Mexican national, who has been convicted of a crime under state law in the United States and has been transferred...

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