Legal Opinion
Michael J. O'COnnOr v. Attorney General of the United States and J. D. Henderson, Warden
Court of Appeals for the Fifth Circuit
Decided December 12, 1972No. 72-1562PublishedCited by 20 opinions
1Opinion of the Court
BELL, Circuit Judge:
Appellant, a federal prisoner, claims credit under 18 U.S.C.A. § 3568, on his federal sentence for time served in a state prison. See Davis v. Attorney General, 5 Cir., 1970, 425 F.2d 238. The alleged basis for the claim is a federal detainer which prevented his release on bond while being held on a state criminal charge. The district court denied relief without an evidentiary hearing. We reverse with the direction that appellant be required to exhaust his administrative remedy, hereinafter described, and for the determination thereafter by the court of factual issues if…
2Cases cited6 opinions
- United States of America Ex Rel. Michael O'COnnOr v. The State of New Jersey and Howard YeagerCourt of Appeals for the Third Circuit · 1968
- Ernest C. Davis v. Attorney General of the United StatesCourt of Appeals for the Fifth Circuit · 1970
- State v. KonigsbergSupreme Court of New Jersey · 1960
- Willie F. Ballard v. Olin G. BlackwellCourt of Appeals for the Fifth Circuit · 1971
- Theodore Green v. United StatesCourt of Appeals for the First Circuit · 1964
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United States v. Jon Ronald Blankenship, Sr.Court of Appeals for the Sixth Circuit · 1984
- Robert Orin Shaw A/K/A David Carr v. William French Smith, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1982
- United States v. Ralph Baez, Sr.Court of Appeals for the Tenth Circuit · 1984
- United States v. Eugene MathisCourt of Appeals for the Eleventh Circuit · 1982
- Wilhelm J. Bruss, Sr. v. C. E. Harris, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1973
15 more not listed; retrieve them via the Exa API.