Legal Opinion

Henrique v. United States Marshal

District Court, N.D. California

Decided June 26, 1979No. C-78-1328 SWPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

SPENCER WILLIAMS, District Judge.

John Riley Henrique brings this petition for a writ of habeas corpus challenging his arrest more than six years after he was first sentenced under the Youth Corrections Act for alleged parole violations. His petition raises three issues: whether his Youth Act sentence was tolled while he absconded from supervision; whether the Parole Commission is estopped from asserting jurisdiction over him; and whether his arrest pursuant to an apparently expired warrant was unlawful. For the reasons set forth more fully below the petition is…

2Cases cited37 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. United States v. AddonizioSupreme Court of the United States · 1979
  3. Anderson v. CorallSupreme Court of the United States · 1923
  4. Zerbst v. KidwellSupreme Court of the United States · 1938
  5. Hyser v. ReedCourt of Appeals for the D.C. Circuit · 1963

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3Cited by8 opinions

  1. United States v. Jackie Lee GreenCourt of Appeals for the Tenth Circuit · 1986
  2. Caballery v. United States Parole CommissionCourt of Appeals for the Second Circuit · 1982
  3. Edward M. McConnell v. T.C. Martin, Warden, Federal Correctional Institute, El Reno, Oklahoma, U.S. Parole CommissionCourt of Appeals for the Tenth Circuit · 1990
  4. John Riley Henrique v. United States Marshal and United States Parole Commission, RespondentsCourt of Appeals for the Ninth Circuit · 1981
  5. James Chandler, Jr. v. Robert J. Barncastle, WardenCourt of Appeals for the Fifth Circuit · 1990

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