IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10404
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARLAND KEITH YARBOROUGH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:92-CR-46
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February 11, 1998
Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM:*
Pursuant to a plea agreement, Garland Keith Yarborough was
convicted of and sentenced for receiving a stolen firearm, a
violation of 18 U.S.C. § 922(j), and then returned to state
custody. He has not yet served his federal sentence. He appeals
from the district court’s denial of his motion that the federal
detainer placed on him be discharged. He argues that the
outstanding detainer should have been reviewed within 180 days
and that the outstanding detainer has severely hampered his
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 97-10404
-2-
rehabilitation and parole opportunities because inmates with
detainers are not allowed certain vocational and educational
opportunities and are not permitted to become outside trusties.
Yarborough is confusing a detainer issued for parole
violation pursuant to 18 U.S.C. § 4214 with the detainer issued
as a matter of course when a prisoner remanded to state custody
must face an outstanding federal conviction and sentence
subsequent to completion of the state sentence. “Federal
detainers . . . issued by the United States Marshall . . . merely
request that state prison officials notify the Marshall of a
prisoner’s release date so that a deputy marshall may be present
on that day to take custody of the prisoner.” United States v.
Dovalina, 711 F.2d 737, 740 (5th Cir. 1983). If Yarborough is
being denied rehabilitative programs, then his only complaint is
against the actions of state officials, not the outstanding
federal detainer. See Dovalina, 711 F.2d at 740.
AFFIRMED.