denied. AND IT IS SO ORDERED. 1 . In two decisions, the Eighth Circuit Court of Appeals has determined that state parole is an undischarged term of imprisonment within the meaning of U.S.S.G. § 5G1.3. United States v. French, 46 F.3d 710 (8th Cir.1995); United States v. Murphy, 69 F.3d 237 (8th Cir.1995). However, the Eighth Circuit Court of Appeals reached its conclusions by looking to state law, which the Fourth Circuit Court of Appeals has determined is not appropriate. United States v. Stewart, 49 F.3d 121, 123 n. 3 (4th Cir.1995). 2 . Prewitt v. United States, 83 F.3d 812 (7th Cir.1996). 3 . United States v. Jones, 107 F.3d 1147 (6th Cir.1997). 4 . United States v. Bernard, 48 F.3d 427 (9th Cir.1995). 5 . See also United States v. Hawkins, 1996 WL 617430 (E.D.Pa.1996, unpublished) (<HOLDING>), affd without opinion, 124 F.3d 189 (3rd Cir.
holding that where the capital defendants future dangerousness is at issue and state law prohibits the defendants release on parole due process requires that the sentencing jury be informed that the defendant is parole ineligible holding that it is well settled that the pennsylvania board of probation and parole has exclusive authority to determine parole when the offender is sentenced to a maximum term of imprisonment of two or more years holding that confinement in community treatment center after parole revocation was part of original term of imprisonment holding that there is no constitutional right to representation by counsel at a parole revocation holding that a defendant at federal sentencing who is on state parole where no parole revocation has occurred is not subject to an undischarged term of imprisonment thus ussg  5g13 is inapplicable