EARL SPIGNER, AKA DANIEL LOVALL SPIGNER, PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the federal authorities had no duty to take the defendant into custody to allow him to receive credit on his state sentence.
The defendant was serving a federal sentence and a state sentence concurrently. The state sentence allowed credit for time served on the federal sente…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Credit For Time Served cases and more on FLexlaw
PER CURIAM:
Spigner is now serving a term of six years in a federal penitentiary for a narcotics offense. The sentence was imposed May 2, 1966. He was admitted to bail pending appeal, and his federal appellate efforts were not exhausted until March 20, 1967. Apparently someone neglected to take him into custody during the ensuing 13 months.
Concurrently with his federal troubles, he was having California state troubles. There he was sentenced on a burglary charge on May 20, 1966, but he was on state liberty until April 24, 1968, when he exhausted his state appellate efforts. Spigner’s state sentence provided he could receive state credit for time he spent serving his federal sentence. But while federal authorities slept, California picked him up. Now he has finished his state sentence and has been taken to a federal penitentiary to serve his narcotics sentence.
Now he complains the federal authorities had a duty to pick him up between April 24, 1967, and April 24, 1968, so he could get credit on his state sentence. The condition of the state sentence was a privilege of which he knew and could have availed himself. He did not. He wants the federal courts to give him credit on his federal sentence for state time served.
It is an interesting concept that one may sue the federal government for not taking one into custody. We reject it here.
The district court order denying relief is affirmed. Cf. Application of Nelson, 8 Cir., 434 F. 2d 748, and Opela v. United States, 5 Cir., 415 F. 2d 231.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. United States Parole Comm'n, 875 F.2d 1361 (9th Cir. 1988)
Authorities Cited
- Opela v. United States, 415 F.2d 231 (5th Cir. 1969)
- Application of Lyle Nelson for a Writ of Habeas Corpus, 434 F.2d 748 (8th Cir. 1970)