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UNITED STATES v. HANEY

No. 82-2498.

711 F.2d 113 (1983)

UNITED STATES of America, Appellee, v. William G. HANEY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1983.

Rehearing Denied September 27, 1983.

Attorney(s) appearing for the Case

Ronald D. Lahners, U.S. Atty., D. Nebraska, and Joseph F. Gross, Jr., Asst. U.S. Atty., Omaha, Neb., and Glen Sanborn, Legal Intern, for appellee.

James E. Schaefer, Omaha, Neb., for appellant.

Before BRIGHT and McMILLIAN, Circuit Judges, and NICHOL, Senior District Judge.

PER CURIAM.

William G. Haney appeals the district court's denial of credit for time Haney spent in state custody while under a federal detainer. We conclude that Haney is entitled to credit because the Government failed to show that Haney's state incarceration was unrelated to his federal detainer.

I. Background.

In April of 1982, Haney pleaded guilty to mail theft in violation of 18 U.S.C. §...

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