JERRY MACK DORROUGH, PETITIONER-APPELLANT,
v.
STATE OF TEXAS, RESPONDENT-APPELLEE
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A state does not waive its jurisdiction over a prisoner by surrendering him to federal authorities for prosecution or service of sentence.
Appellant, convicted of bank robbery in Texas, escaped and was subsequently prosecuted and convicted in federal court. Texas filed a detainer against …
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PER CURIAM:
This appeal is taken from an order of the district court denying the petition of a federal prisoner seeking to void a detainer warrant filed against him by the State of Texas. We affirm.
Appellant was convicted in the Texas state court of bank robbery and was sentenced to twenty-five years imprisonment. While confined in the Dallas County jail, pending his direct appeal, he escaped with a codefendant. To implement their escape they forced a postal employee out of a United States postal vehicle and used it in their effort to get away. Five days later appellant was arrested and returned to the Dallas jail. He was subsequently charged with a federal violation of 18 U.S.C. § 2114 and the state turned him over to federal authorities for prosecution. Appellant was convicted and sentenced to twenty-five years imprisonment in the federal penitentiary, where he is presently incarcerated. See Dorrough v. United States, 5 Cir., 1967, 385 F. 2d 887 and 397 F. 2d 811 (1968).
The State of Texas has filed a detain-er against Dorrough for the enforcement of the twenty-five year bank robbery sentence. Appellant contends that by turning him over to federal authorities the state surrendered jurisdiction and waived future jurisdiction over him.
It is well settled that where state authorities surrender a prisoner to federal authorities for prosecution and service of sentence, the state has not waived its right to have the prisoner returned to its custody for trial or service of sentence, Montos v. Smith, 5 Cir., 1969, 406 F. 2d 1243; Bullock v. Mississippi, 5 Cir., 1968, 404 F. 2d 75; Bilton v. Beto, 5 Cir., 1968, 403 F. 2d 664. The circumstances which constituted a waiver of jurisdiction in Shields v. Beto, 5 Cir., 1967, 370 F. 2d 1003, are not present in this case.
The judgment of the district court is
Affirmed.
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Citator
Cited By (11 total)
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Grayson v. Louie L. Wainwright, 330 So. 2d 461 (Fla. 1976)
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Estelle v. Dorrough, 420 U.S. 534 (U.S. 1975)
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Chunn v. Clark, 451 F.2d 1005 (5th Cir. 1971)
Previewing 3 of 11 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)
- Shields v. Beto, 370 F.2d 1003 (5th Cir. 1967)
- Dorrough v. United States, 385 F.2d 887 (5th Cir. 1967)
- Montos v. Smith, 406 F.2d 1243 (5th Cir. 1969)
- Bilton v. Beto, 403 F.2d 664 (5th Cir. 1968)
- Bullock v. State OF Miss., 404 F.2d 75 (5th Cir. 1968)
- Dorrough v. United States, 397 F.2d 811 (5th Cir. 1968)
- United States v. Otho Warren Vickers, 397 F.2d 811 (4th Cir. 1968)