GILBERT F. POSTELWAIT, APPELLANT,
v.
J. T. WILLINGHAM, WARDEN, UNITED STATES PENITENTIARY, LEAVENWORTH, KANSAS, APPELLEE
GILBERT F. POSTELWAIT, APPELLANT,
J. T. WILLINGHAM, WARDEN, UNITED STATES PENITENTIARY, LEAVENWORTH, KANSAS, APPELLEE
365 F.2d 759
United States Court of Appeals for the Tenth Circuit (1966)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant, a prisoner in the United States Penitentiary at Leavenworth, Kansas, appeals from an order dismissing his habeas corpus petition without a hearing. The essence of his contention is that after revocation of his parole and return to prison, he was entitled to have credited against his sentence the time during which he was on parole, because he was in constructive custody of the Attorney General of the United States. This same argument was rejected by this court in Weathers v. Willingham, 356 F. 2d 421. Sentence can be served only by imprisonment or by unrevoked parole.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Suggs v. Daggett, 522 F.2d 396 (10th Cir. 1975)
-
Canavari v. Richardson, 419 F.2d 1287 (9th Cir. 1969)
Authorities Cited
- Weathers v. Willingham, 356 F.2d 421 (10th Cir. 1966)