Legal Opinion

Edward Lee McLallen v. United States Marshal, Western District of Missouri

Court of Appeals for the Eighth Circuit

Decided January 13, 1971No. 20256_1Published

1Per curiam

On April 10, 1964, the United States, pursuant to 18 U.S.C. § 4163, mandatorily released Edward Lee McLallen from the Leavenworth Penitentiary with 445 days remaining on his sentence for a Dyer Act violation. Under the statute, such a mandatorily released prisoner acquires the same status as that of a parolee until the expiration of his prison term less 180 days. 18 U.S.C. § 4164. While on such status as a parolee, Mc-Lallen was arrested for second-degree burglary in the State of Missouri. Based on this arrest, the United States Board of Parole issued a warrant directed to any proper United…

2Cases cited3 opinions

  1. William Warren Hash v. Pat Henderson, United States Marshal for the Eastern District of ArkansasCourt of Appeals for the Eighth Circuit · 1967
  2. George Chaney v. Dr. P. J. Ciccone, Director, United States Medical Center for Federal Prisoners, Springfield, MissouriCourt of Appeals for the Eighth Circuit · 1970
  3. Petition of Alphonse Vincent Castaldi for a Writ of Habeas Corpus. Alphonse Vincent CastaldiCourt of Appeals for the Eighth Circuit · 1970

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