Legal Opinion
Anthony Richard Avellino v. United States
Court of Appeals for the Second Circuit
Decided April 15, 1964No. 28545_1PublishedCited by 21 opinions
1Opinion of the Court
LUMBARD, Chief Judge.
The question for decision is whether the United States Board of Parole warrant was valid within the meaning of 18 U.S.C. § 4205, in view of the fact that the warrant was not executed until after the parolee’s original sentence had expired. We find there was compliance as the delay in executing the warrant was reasonable. Accordingly, we affirm the order of the district court which dismissed Avellino’s petition for habeas corpus.
The warrant here in question was issued for the purpose of retaking Avellino for violation of his parole. Avellino had been convicted of armed…
2Cases cited5 opinions
- Zerbst v. KidwellSupreme Court of the United States · 1938
- Charles Schiffman v. Fred T. Wilkinson, Warden, United States Penitentiary, McNeil Island, WashingtonCourt of Appeals for the Ninth Circuit · 1954
- J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas v. David Lee SimpsonCourt of Appeals for the Tenth Circuit · 1961
- J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas v. Sherman A. GodwinCourt of Appeals for the Tenth Circuit · 1960
- Hogan v. ZerbstCourt of Appeals for the Fifth Circuit · 1939
3Cited by21 opinions
- Shelton v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1967
- William Warren Hash v. Pat Henderson, United States Marshal for the Eastern District of ArkansasCourt of Appeals for the Eighth Circuit · 1967
- Warren Graves v. Ennis J. Olgiati, Chairman of the New York State Board of ParoleCourt of Appeals for the Second Circuit · 1977
- United States Ex Rel. Vance v. KentonDistrict Court, D. Connecticut · 1966
- Paul D. McGinnis Commissioner of Correction v. United States Ex Rel. Milton PollackCourt of Appeals for the Second Circuit · 1971
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