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THOMAS v. WHALEN

No. 91-7710.

962 F.2d 358 (1992)

Lewis THOMAS, Petitioner-Appellee, v. Patrick WHALEN, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 1, 1992.

Attorney(s) appearing for the Case

Carolyn A. Sabol, Regional Counsel, Bureau of Prisons, Annapolis Junction, Md., argued (Richard Cullen, U.S. Atty., Dennis E. Szybala, Asst. U.S. Atty., Alexandria, Va., on brief), for respondent-appellant.

Michael S. Lieberman, DiMuro, Ginsberg & Lieberman, P.C., Alexandria, Va., argued (Bernard J. DiMuro, Elizabeth K. Lynch, on brief), for petitioner-appellee.

Before HALL and LUTTIG, Circuit Judges, and BLATT, Senior United States District Judge for the District of South Carolina, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

Appellant, warden of the federal penitentiary in Petersburg, Virginia, challenges a district court order granting appellee's petition for a writ of habeas corpus. The district court granted the writ based upon its determination that appellee was entitled to fifteen years of credit against his federal sentences for time served in state confinement on unrelated state offenses. We conclude, pursuant to 18 U.S.C. § 3568, that...

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