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LEWIS v. ATTORNEY GENERAL OF U.S.

No. 88-5515.

878 F.2d 714 (1989)

Rev. Timothy L. LEWIS, Appellant, v. ATTORNEY GENERAL OF the UNITED STATES and Warden, United States Penitentiary at Lewisburg, et al.

United States Court of Appeals, Third Circuit.

Decided June 28, 1989.

Attorney(s) appearing for the Case

James V. Wade, Acting Federal Public Defender, and Melinda C. Ghilardi (argued), Asst. Federal Public Defender, Scranton, Pa., for appellant.

James J. West, U.S. Atty., James A. Gibbons and Lorna N. Graham (argued), Asst. U.S. Atty., Scranton, Pa., for appellees.

Before HIGGINBOTHAM, STAPLETON, and COWEN, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal presents two novel questions of law in this Circuit involving a prisoner serving a sentence under the Youth Corrections Act. The prisoner was convicted of another crime while serving the youth sentence and, because of the court's finding that he would no longer benefit from treatment as a youth offender, he was given a consecutive sentence as an adult. The first issue is whether the prisoner is entitled...

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