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UNITED STATES v. HEMBY

No. 84-6112.

753 F.2d 30 (1985)

UNITED STATES of America, Appellee, v. John D. HEMBY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 17, 1985.

Attorney(s) appearing for the Case

James E. Swiger, Arlington, Va. (Ashcraft & Gerel, Washington, D.C., on brief), for appellant.

Robert W. Jaspen, Asst. U.S. Atty., Richmond, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., on brief), for appellee.

Before WINTER, Chief Judge, and HALL and ERVIN, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

The question presented by this appeal is whether the district court after sentencing defendant, John David Hemby, in 1979 to three years' imprisonment as an adult with service to begin after the completion of service of an earlier sentence imposed pursuant to the Federal Youth Corrections Act (YCA), 18 U.S.C. § 5010(c), properly ordered in 1983 that defendant serve the remainder of the earlier sentence as an adult. The district...

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