Legal Opinion

Emil R. Yates v. C. H. Looney, Warden, United States Penitentiary, Leavenworth, Kansas

Court of Appeals for the Tenth Circuit

Decided January 6, 1958No. 5701_1PublishedCited by 13 opinions

1Opinion of the Court

PICKETT, Circuit Judge.

Emil R. Yates, an inmate of the United States Penitentiary at Leavenworth, Kansas, brought this habeas corpus proceeding alleging that he had served his sentence and was entitled to be discharged. Relying upon Hunter v. Facchine, 10 Cir., 195 F.2d 1007, he argued that as he was conditionally released prior to the time authorized by statute, while serving his five year sentence in the Federal Correctional Institution at Milan, Michigan, he should be given credit for actually having served the time during which he was prematurely released. The District Court denied the…

2Cases cited7 opinions

  1. Anderson v. CorallSupreme Court of the United States · 1923
  2. White v. PearlmanCourt of Appeals for the Tenth Circuit · 1930
  3. Hunter, Warden v. FacchineCourt of Appeals for the Tenth Circuit · 1952
  4. Hunter v. McDonaldCourt of Appeals for the Tenth Circuit · 1947
  5. Baumhoff v. United StatesCourt of Appeals for the Tenth Circuit · 1952

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Emil Richard Yates v. United StatesCourt of Appeals for the Tenth Circuit · 1963
  2. John C. Howard v. United StatesCourt of Appeals for the Eighth Circuit · 1960
  3. Elry A. Welch v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1961
  4. Reubin Wooten v. Fred T. Wilkinson, Warden, U. S. Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1959
  5. William Roy Miller v. J. C. Taylor, Warden, U. S. Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1961

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API