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GARAFOLA v. WILKINSON

No. 83-3175.

721 F.2d 420 (1983)

Anthony J. GARAFOLA, Appellee, v. G.C. WILKINSON, Warden. G.C. Wilkinson, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 15, 1983.

Rehearing and Rehearing Denied December 9, 1983.

Certiorari Denied March 26, 1984.

Attorney(s) appearing for the Case

Douglas B. Schoppert (argued), Lewisburg Prison Project, Lewisburg, Pa., for appellee.

David Dart Queen, U.S. Atty., James W. Walker, Asst. U.S. Atty., Scranton, Pa., Henry J. Sadowski (argued), Regional Counsel, U.S. Parole Commission, Philadelphia, Pa., for appellant.

Before ALDISERT and BECKER, Circuit Judges, and COHILL, District Judge.

Rehearing and Rehearing In Banc Denied December 9, 1983.

Certiorari Denied March 26, 1984. See 104 S.Ct. 1681.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents the question whether the United States Parole Commission acted within its statutory authority when it promulgated a rule under which a federal prisoner who has been paroled to a state detainer, upon subsequent conviction for a crime punishable by imprisonment, committed...

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