opinion: William Earl HEAD, Petitioner-Appellant, v. UNITED STATES BOARD OF PAROLE (U. S. BOARD COMMISSION), Respondent-Appellee.
  No. 76-2064.
  United States Court of Appeals, Seventh Circuit.
  Submitted Feb. 11, 1977.
  Decided Feb. 11, 1977.
  W. Patrick Downes, Hammond, Ind., for petitioner-appellant.
  John R. Wilks, U. S. Atty., Fort Wayne, Ind., Andrew B. Baker, Jr., Asst. U. S. Atty., Hammond, Ind., for respondent-appellee.
  Before SWYGERT, SPRECHER and TONE, Circuit Judges.
  This appeal was originally decided by unreported order on February 11, 1977. See Circuit Rule 35 (formerly Circuit Rule 28). The court has subsequently decided to issue the decision as an opinion.
  PER CURIAM.
  Pursuant to Rule 2 of the Federal Rules of Appellate Procedure, this case is considered on the briefs without oral argument, the question presented being insubstantial in light of Moody v. Daggett, 429 U.S. 78, 97 S.Ct. 274, 50 L.Ed.2d 236 (1976). On the authority of that case, the judgment of the District Court is affirmed.
  We reject petitioner’s argument that Moody v. Daggett “only applies to those parolees who have a detainer placed against them while they are in a federal prison.” The reasoning in that case applies to the case at bar, in which the federal detainer was placed against appellant while he was in a state prison.
  Petitioner’s contention that he was denied the opportunity to present evidence in mitigation because of the death of Richard Young, one of his co-defendants in the state criminal case, is also without merit. Petitioner does not contend that he learned of what Young would have said from Young himself, but alleges that he learned of this from other persons who came to visit petitioner, so the showing that the alleged evidence ever existed is not strong. It is not alleged that any of the other witnesses to the event in issue, all of whom are still alive, would support Young in exculpating petitioner. Moreover, while Young was still alive, petitioner did not urge Young’s alleged exculpatory testimony as a basis for a new trial in the state case or any other state or federal relief. We cannot say that petitioner has made a showing of prejudice that would enable us to distinguish Moody v. Daggett.
  Affirmed.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Your task is to identify the state of the first listed state or local government agency that is an appellant.
choices: not Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachussets Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New New New New North North Ohio Oklahoma Oregon Pennsylvania Rhode South South Tennessee Texas Utah Vermont Virginia Washington West Wisconsin Wyoming Virgin Puerto District Guam not Panama