ANTHONY J. BLANCHARD, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
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A federal convict conditionally released under 18 U.S.C. § 4163 is considered released on parole and may be required to serve the remainder of his sentence if conditions are violated.
Appellant was serving a federal sentence, conditionally released under 18 U.S.C. § 4163, arrested for violating mandatory release, and sought habeas c…
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PER CURIAM:
This appeal is taken from an order of the District Court denying the petition of a federal convict for the writ of habeas corpus. We affirm.
Appellant is presently serving a ten year sentence for violations of federal narcotics laws. On September 5, 1968, he was released under the mandatory release provisions of Title 18 U.S.C. § 4163 with 1,422 days remaining to be served. On January 2, 1970, appellant was arrested on a mandatory release violator’s warrant and returned to confinement.
In his habeas petition appellant contends that his release under § 4163 is irrevocable since he had in essence completed his sentence as of the date he was released from prison. He further challenges the revocation of his good time earned prior to his release.
It is well settled that under 18 U.S.C. § 4164 a convict who is granted conditional release pursuant to § 4163 is considered as if released on parole. Garnett v. Blackwell, 5 Cir., 1970, 423 F. 2d 1211; Buchanan v. Blackwell, 5 Cir., 1967, 372 F. 2d 451; Frierson v. Rogers, 5 Cir., 1961, 289 F. 2d 234. Where the conditions of parole are violated, he may be required to serve the remainder of his sentence and the time spent on parole shall not diminish the sentence. 18 U.S.C. § 4105; Garnett v. Blackwell, supra; Lynch v. United States, 5 Cir., 1969, 414 F. 2d 281; Clark v. Blackwell, 5 Cir., 1967, 374 F. 2d 952, 953. Further, all or any part of his earned good time may be revoked. Smith v. Attorney General, 5 Cir., 1969, 420 F. 2d 488; Lynch v. United States, supra; Smith v. Blackwell, 5 Cir., 1966, 367 F. 2d 539; Frierson v. Rogers, supra.
There being no merit to appellant’s contentions, the judgment of the District Court is
Affirmed.
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Lambert v. Warden, U. S. Penitentiary, & The United States Parole Comm'n, 591 F.2d 4 (5th Cir. 1979)
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Cochran v. United States, 489 F.2d 691 (5th Cir. 1974)
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Coronado v. United States Bd. OF Parole, 540 F.2d 216 (5th Cir. 1976)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Smith v. Olin G. Blackwell, 367 F.2d 539 (5th Cir. 1966)
- Buchanan v. Olin G. Blackwell, 372 F.2d 451 (5th Cir. 1967)
- Garnett v. Olin G. Blackwell, 423 F.2d 1211 (5th Cir. 1970)
- Clark v. Olin G. Blackwell, 374 F.2d 952 (5th Cir. 1967)
- Frierson v. Rogers, 289 F.2d 234 (5th Cir. 1961)
- Lynch v. United States, 414 F.2d 281 (5th Cir. 1969)
- DeLage Larry Smith v. Attorney General OF the United States, 420 F.2d 488 (5th Cir. 1969)