Legal Opinion

James J. Canavari v. G. v. Richardson

Court of Appeals for the Ninth Circuit

Decided December 19, 1969No. 24314PublishedCited by 7 opinions

1Per curiam

Appellant, a federal prisoner, takes this appeal from the denial of his petition for habeas corpus. He urges that the time he spent “in custody” but on parole must count as time served on his three year sentence.

As explained by the trial judge who heard the petition:

“In essence, petitioner’s argument is that after revocation of parole and return to prison, he was entitled to have the time during which he was on parole credited against [his] sentence because while on parole he was in the constructive custody of the Attorney General.”

Such a legal' position is specifically contrary to…

2Cases cited16 opinions

  1. Jones v. CunninghamSupreme Court of the United States · 1963
  2. Odis R. Van Buskirk v. Fred T. Wilkinson, as Warden of the United States Penitentiary, McNeil Island, WashingtonCourt of Appeals for the Ninth Circuit · 1954
  3. Dolan v. SwopeCourt of Appeals for the Seventh Circuit · 1943
  4. Robert Chester Weathers v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1966
  5. Ezekiel Bates v. Hugh F. Rivers, Executive, District of Columbia Board of ParoleCourt of Appeals for the D.C. Circuit · 1963

11 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Daniel Ray Willis v. Raymond W. Meier, WardenCourt of Appeals for the Ninth Circuit · 1970
  2. James C. Cooks v. U. S. Board of Parole, Washington, D. C.Court of Appeals for the Fifth Circuit · 1971
  3. Donald Smith v. Calvin Edwards U.S. Parole CommissionCourt of Appeals for the Sixth Circuit · 1986
  4. James C. Cooks v. U.S. Board of Parole, Washington, D.C., No. 30859 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5 Cir. 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
  5. Lamont Ervin Taylor v. Dewey SowdersCourt of Appeals for the Sixth Circuit · 1987

2 more not listed; retrieve them via the Exa API.

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