HARRY W. THERIAULT, PETITIONER-APPELLANT,
v.
U. S. A., EX REL., STATE OF MISSISSIPPI, J. EDGAR HOOVER, FBI DIRECTOR; OLIN G. BLACKWELL, WARDEN, U. S. PENITENTIARY, ET AL., RESPONDENTS-APPELLEES
PER CURIAM:
Harry W. Theriault appeals from the District Court's denial of his petition for habeas corpus and other relief. We affirm.
Appellant has contended that officials in the United States Penitentiary in Atlanta have kept him in “close custody” solely on the basis of certain prior convictions in the State of Mississippi, which he alleges were obtained in violation of his constitutional rights.
The District Court held that in the appellant’s case, his “close custody” was based on the large number of fed eral sentences which he is serving and which are to be served, including at least two which resulted from convictions of escape. The matter is one which addresses itself to internal prison administration. See Quick v. Thompkins, 5 Cir., 1970, 425 F. 2d 260; Brown v. Wainwright, 5 Cir., 1969, 419 F. 2d 1308. The Court refused to entertain a collateral attack on the Mississippi state convictions. We agree. See Rodgers v. Louisiana, 5 Cir., 1969, 418 F. 2d 237; Word v. North Carolina, 4 Cir., 1969, 406 F. 2d 352. Appellant completed service of his Mississippi sentences several years ago. They were not used for enhancement of his present sentences. Cf. United States ex rel. Durocher v. LaVallee, 2 Cir., 1964, 330 F. 2d 303, cert. denied, 377 U.S. 998, 84 S.Ct. 1921, 12 L.Ed.2d 1048 (1964). Theriault is not in custody under, nor otherwise restrained by, the Mississippi convictions and sentences.
Affirmed.
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United States v. Duke, 527 F.2d 386 (5th Cir. 1976)
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Cavett v. Ellis, 578 F.2d 567 (5th Cir. 1978)
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Theriault v. Silber, 579 F.2d 302 (5th Cir. 1978)
Previewing 3 of 4 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)
- United States ex rel. Raymond Durocher v. LaVALLEE, 330 F.2d 303 (2d Cir. 1964)
- Word v. State OF N.C., 406 F.2d 352 (4th Cir. 1969)
- LaVallee v. Durocher, 377 U.S. 998 (U.S. 1964)
- Schenker v. E. I. duPont de Nemours & Co., Inc., 377 U.S. 998 (U.S. 1964)
- Brown v. Louie L. Wainwright, 419 F.2d 1308 (5th Cir. 1969)
- Quick v. Thompkins, 425 F.2d 260 (5th Cir. 1970)
- Rodgers v. State OF La., 418 F.2d 237 (5th Cir. 1969)