Legal Opinion
O'Callahan v. United States
District Court, D. Minnesota
Decided November 27, 1968No. 3-68-Civ.-253PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
DEVITT, Chief Judge.
Plaintiff, a prisoner in federal custody, seeks a declaration that time he spent on parole before issuance of a parole violator warrant, should be credited as a diminution of time remaining to be served on his sentence. In 1956, the plaintiff was sentenced by a military court to serve a term of ten years. In 1960, he was paroled. After 675 days on parole, a warrant for parole violation was issued on March 13, 1962. The statutory authority for such a warrant is found in Title 18 U.S.C.A. § 4205. The last sentence of that section provides :
“The unexpired…
2Cases cited15 opinions
- Joseph Orton Smith v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1966
- James K. Shannon, A/K/A James K. Kelly v. Sheriff Sequeechi, Sheriff Lloyd Beair, and Sheriff Bill LessmanCourt of Appeals for the Tenth Circuit · 1966
- Charles H. Phillips v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1965
- Orlando W. Hodge v. T. W. Markley, Warden, United States Penitentiary, Terre Haute, IndianaCourt of Appeals for the Seventh Circuit · 1965
- John D. Clark, Jr. v. Olin G. Blackwell, WardenCourt of Appeals for the Fifth Circuit · 1967
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3Cited by1 opinion
- Baier v. ParkerDistrict Court, M.D. Louisiana · 1981