United States of America Ex Rel. Robert H. Long v. Alfred T. Rundle, Superintendent, State Correction Institution Andpennsylvaania Board of Parole

Appellant while on parole from a Commonwealth of Pennsylvania prison sentence committed another crime for which he received a second prison sentence. The State Board of Parole directed that he serve the second sentence prior to completing the first. Appellant contends that he should have been permitted to finish out the first sentence on being recommitted.

The district court properly determined that the question presented was a matter of state law, that this clearly appeared on the face of the petition for habeas corpus and that, therefore, no hearing on the petition need be held.

In addition…