Legal Opinion

Harry B. Suggs v. Loren Daggett, Warden

Court of Appeals for the Tenth Circuit

Decided July 30, 1975No. 74-1708PublishedCited by 14 opinions

1Opinion of the Court

WILLIAM E. DOYLE, Circuit Judge.

This is a habeas corpus proceeding instituted April 8, 1974, in which the petitioner alleges his entitlement to release from custody on his claim that the statute under which he was sentenced, namely, the Youth Corrections Act, 18 U.S.C. § 5017(c), 1 makes release at the end of six years mandatory.

The sole contention is that the six year period of custody provided for under the cited section is a maximum period which requires that there be a mandatory discharge at the end of the sixth year regardless of whether the petitioner was in custody at all times during…

2Cases cited5 opinions

  1. Neil Rogers v. United StatesCourt of Appeals for the Tenth Circuit · 1963
  2. Robert Chester Weathers v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1966
  3. Frye v. MoranDistrict Court, W.D. Texas · 1969
  4. William Ernest Frye v. J. E. Moran, Warden, Federal Correctional Institution, La Tuna, TexasCourt of Appeals for the Fifth Circuit · 1969
  5. Gilbert F. Postelwait v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1966

3Cited by14 opinions

  1. Jerry Wayne Watts v. John T. Hadden, WardenCourt of Appeals for the Tenth Circuit · 1981
  2. United States v. John Bolton ArringtonCourt of Appeals for the Fifth Circuit · 1980
  3. In Re Grand Jury Proceedings. United States of America v. Patrick Stanley MarshallCourt of Appeals for the Fifth Circuit · 1976
  4. Lionel v. DayDistrict Court, W.D. Oklahoma · 1976
  5. Caballery v. United States Parole CommissionCourt of Appeals for the Second Circuit · 1982

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