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HOWE v. SMITH

No. 80-5392.

452 U.S. 473 (1981)

101 S.Ct. 2468

69 L.Ed.2d 171

HOWE v. SMITH, ATTORNEY GENERAL, ET AL.

Supreme Court of United States.

Decided June 17, 1981.

Attorney(s) appearing for the Case

William A. Nelson argued the cause for petitioner. With him on the briefs was James L. Morse.

Barbara E. Etkind argued the cause for the federal respondents. With her on the brief were Solicitor General McCree, Assistant Attorney General Jensen, and Deputy Solicitor General Frey. John J. Easton, Jr., Attorney General of Vermont, argued the cause for respondent Ciuros. With him on the brief were Peter M. Nowlan and Alan B. Coulman, Assistant Attorneys General.*

CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question presented by this case is whether a State may transfer a prisoner to federal custody pursuant to 18 U. S. C. § 50031 in the absence of a prior determination that the prisoner who is being transferred has a need for specialized treatment available in the federal prison system.

I

In December 1974, the Commissioner...

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