JERRY BOB COMBS, PETITIONER-APPELLANT,
v.
ROGER CARROLL, U. S. PROBATION OFFICER, RESPONDENT-APPELLEE
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The court held that a prisoner released under mandatory release provisions remains under the jurisdiction of the Parole Board until the expiration of their sentence less 180 days.
Appellant, incarcerated on state charges, sought to dismiss a federal detainer lodged by the Parole Board. He had previously served a federal sentence…
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PER CURIAM:
Combs, who is incarcerated in the Dallas County Jail awaiting trial on charges brought by the State of Texas, appeals the district court’s denial of his petition seeking the dismissal of a federal detainer lodged against him. We affirm.
In December, 1965 the appellant received a six-year sentence for conspiracy to smuggle heroin into the United States, and was mandatorily released in December, 1969, 18 U.S.C. § 4164. He contends that since he was not eligible for parole on his federal sentence, he could not have been under the jurisdiction of the United States Parole Board subsequent to his release in 1969. He therefore concludes that the detainer lodged against him by the Parole Board is invalid.
This reasoning is faulty, since “a prisoner having served his term or terms less good-time deductions shall, upon release, be deemed as if released on parole until the expiration of the maximum term or terms for which he was sentenced less one hundred and eighty days.” 18 U.S.C. § 4164 (emphasis added). Thus the appellant was legally subject to the Parole Board’s supervision until some time in June, 1971; and his arrest on state charges constituted sufficient grounds for issuance of a mandatory release violator warrant and detainer. The judgment of the district court is affirmed.
Affirmed.
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