Legal Opinion

John D. Clark, Jr. v. Olin G. Blackwell, Warden

Court of Appeals for the Fifth Circuit

Decided March 23, 1967No. 24078PublishedCited by 18 opinions

1Per curiam

Appellant was released on parole with 1,475 days remaining to be served on a federal sentence. He was later taken into custody on a parole violator warrant and returned to a federal penitentiary to serve the remainder of his sentence. There was a delay in executing the warrant because appellant was serving an intervening state sentence. He claims credit on his federal sentence for the time spent on parole. His view is that he was in custody while on parole, citing Jones v. Cunningham, 1963, 371 U.S. 236, 83 S.Ct. 373, 9 L.Ed.2d 285. That case .stands for the proposition that a prisoner is at…

2Cases cited3 opinions

  1. Jones v. CunninghamSupreme Court of the United States · 1963
  2. Joseph Orton Smith v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1966
  3. Alex Buchanan v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1967

3Cited by18 opinions

  1. James Edward Garnett v. Olin G. Blackwell, Warden, United States PenitentiaryCourt of Appeals for the Fifth Circuit · 1970
  2. Clifton v. BetoDistrict Court, S.D. Texas · 1968
  3. Richard T. Lynch v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  4. Norman Holtzinger v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
  5. Robert George Sturgis v. United StatesCourt of Appeals for the Fifth Circuit · 1969

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