John Thomas Fitts v. United States of America

Appellant appeals from denial of his petition for a writ of habeas corpus and seeks release from the United States Penitentiary at Leavenworth premised on the failure to execute a mandatory release violator’s warrant on him. Cor-relatively, appellant asserts that failure to execute the warrant deprived the sentencing court of running the remainder of one sentence concurrent with a new sentence if the court so desired. Appellant’s contentions are without merit and we affirm.

In 1964 Fitts was sentenced to a four-year term to run concurrent with a previous sentence. On April 18, 1967 he was…