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MEAGHER v. CLARK

No. 90-5483.

943 F.2d 1277 (1991)

William Joseph MEAGHER, Plaintiff-Appellant, v. John CLARK, Warden, Metropolitan Correctional Center, Miami, Florida, The United States Parole Commission, Benjamin Baer, Chairman, U.S. Parole Commission, and G. McKenzie Rast, Parole Commissioner, U.S. Parole Commission, Southeast Regional Office, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 4, 1991.

Attorney(s) appearing for the Case

Marcia J. Silvers, Miami, Fla., for plaintiff-appellant.

Dexter W. Lehtinen, U.S. Atty., Guy Lewis, Linda Collins Hertz, Harriett R. Galvin, Miami, Fla., for defendants-appellees.

Before FAY and BIRCH, Circuit Judges, and HOFFMAN, Senior District Judge.

WALTER E. HOFFMAN, Senior District Judge:

This case, which has been referred to as "most unusual" and "extraordinary" by the district judge and magistrate below, involves a habeas corpus petition by a federal prisoner, who seeks to have his federal sentence modified to show credit for time served in state custody. The case calls for us to examine the relationship between federal and state criminal prosecution, confinement, and sentencing.

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