ROBERT GEORGE STURGIS, PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE
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The court held that the statute governing parole violators permits incarceration past the original sentence expiration date if the parolee violates parole.
Appellant was convicted of interstate transportation of stolen goods and sentenced. After being paroled, he was rearrested as a parole violator and is…
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PER CURIAM:
In this pro se case appellant has failed to file a brief within the time fixed by Rule 31, F.R.A.P., and it is therefore appropriate to dispose of this case summarily pursuant to Rule 9(c) (2) of this Court. Stout v. Broom, 406 F. 2d 758 (5th Cir.1969).
This appeal is taken from the order of the district court denying the writ of habeas corpus. We affirm.
Appellant was convicted of violating 18 U.S.C. § 2314, interstate transportation of stolen goods, and was sentenced on April 1, 1966, to three years imprisonment. He was paroled on March 1, 1967, but was rearrested on a parole violator’s warrant on January 1, 1969. He is presently incarcerated in the federal penitentiary in Atlanta, serving the remainder of his sentence.
In his petition for habeas corpus appellant contends that imposition of a sentence establishes the final expiration date thereof, and that 18 U.S.C.A. § 4205, governing the retaking of a parole violator and the serving of his time not theretofore served, does not permit incarceration past the final expiration date of the maximum sentence as established at the time of imposition. Therefore, he urges that he has been illegally in custody since March 31, 1969. He insists that construing § 4205 otherwise subjects him to double jeopardy in violation of the Fifth Amendment. This is without merit. Dolan v. Swope, 138 F. 2d 301 (7th Cir.1943). Nor are appellant’s contentions valid on statutory grounds. Zerbst v. Kidwell, 304 U.S. 359, 58 S.Ct. 872, 82 L.Ed. 1399 (1938); Rogoway v. Warden, 122 F. 2d 967 (9th Cir.1941). Cf. Clark v. Blackwell, 374 F. 2d 952 (5th Cir.1967); Buchanan v. Blackwell, 372 F. 2d 451 (5th Cir.1967); Smith v. Blackwell, 367 F. 2d 539 (5th Cir.1966).
Affirmed.
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Gunie Boyd Trimmings v. Henderson, 498 F.2d 86 (5th Cir. 1974)
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Peacock v. Hughes, 427 F.2d 359 (5th Cir. 1970)
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Hickman v. United States, 432 F.2d 414 (5th Cir. 1970)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Zerbst v. Kidwell, 304 U.S. 359 (U.S. 1938)
- Smith v. Olin G. Blackwell, 367 F.2d 539 (5th Cir. 1966)
- Buchanan v. Olin G. Blackwell, 372 F.2d 451 (5th Cir. 1967)
- Dolan v. Swope, 138 F.2d 301 (7th Cir. 1943)
- Stout v. Sheriff, George A. Broom, 406 F.2d 758 (5th Cir. 1969)
- Clark v. Olin G. Blackwell, 374 F.2d 952 (5th Cir. 1967)
- Rogoway v. Warden, United States Penitentiary, McNeil Island, Wash, 122 F.2d 967 (9th Cir. 1941)