ROY ALLEN CLOUD, APPELLANT,
v.
STATE OF LOUISIANA, APPELLEE
ROY ALLEN CLOUD, APPELLANT,
STATE OF LOUISIANA, APPELLEE
397 F.2d 252
Court of Appeals for the Fifth Circuit (1968)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
[*253] PER CURIAM:
On December 11, 1963, the appellant was convicted in the Louisiana Courts of the crime of armed robbery. He was sentenced to prison for fifteen years. Later, he received a seven year sentence for an aggravated escape, to be served consecutively to the armed robbery sentence.
The District Court denied a habeas corpus petition attacking the armed robbery conviction because the action thereon would not result in the release of the petitioner, McNally v. Hill, 293 U.S. 131, 55 S.Ct. 24, 79 L.Ed. 238 (1934).
On May 20, 1968, the Supreme Court overruled McNally and held “that a prisoner serving consecutive sentences is ‘in custody’ under any one of them for purposes of § 2241(c) (3) [28 U.S.C.]”, Peyton v. Rowe, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426.
Therefore, the judgment of the District Court must be reversed and remanded for further proceedings not inconsistent with Peyton.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Lydy v. Beto, 399 F.2d 59 (5th Cir. 1968)
Authorities Cited
- McNALLY v. Hill, 293 U.S. 131 (U.S. 1934)
- Peyton v. Rowe, 391 U.S. 54 (U.S. 1968)