Legal Opinion

Nathan M. Cheek v. W. H. Hardwick, Warden, United States Penitentiary, Atlanta, Georgia

Court of Appeals for the Fifth Circuit

Decided March 16, 1956No. 15877_1Published

1Per curiam

This is an appeal from an order denying plaintiff’s petition for habeas corpus, complaining: that consecutive sentences of two and five years, which he was serving, had been illegally aggregated into a single seven year term; and that, when petitioner, violating the conditions of his conditional release accorded him on the basis of such aggregation, was recommitted to federal custody to serve the unexpired portion of the maximum terms for which he had been sentenced, he was illegally required to serve excessive time.

This contention is clearly without merit. The action complained of was in…

2Cases cited8 opinions

  1. Grant v. HunterCourt of Appeals for the Tenth Circuit · 1948
  2. Eyler v. AderholdCourt of Appeals for the Fifth Circuit · 1934
  3. Dockery v. HiattCourt of Appeals for the Fifth Circuit · 1952
  4. United States Ex Rel. Johnson v. O'DOnOvanCourt of Appeals for the Seventh Circuit · 1949
  5. Mouse v. United StatesDistrict Court, D. Kansas · 1926

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