Legal Opinion

Henry E. Shields v. L. E. Daggett, Warden

Court of Appeals for the Eighth Circuit

Decided May 19, 1972No. 71-1614PublishedCited by 10 opinions

1Per curiam

This question has been here before. Should a state prisoner who is also on detainer for violation of his federal parole receive credit against his federal sentence for the time spent in pretrial state custody when the state court gave him credit in the state sentence? We have answered “no” to this question in two previous cases. Doss v. United States, 449 F.2d 1274 (8 Cir. 1971); United States ex rel. Derengowski v. United States Attorney General, 457 F.2d 812 (8 Cir., April 3, 1972). For the same reasons we answer no again.

Petitioner’s case presents no special equities. The original state…

2Cases cited3 opinions

  1. Ernest C. Davis v. Attorney General of the United StatesCourt of Appeals for the Fifth Circuit · 1970
  2. United States of America Ex Rel. Norbert Derengowski v. United States Attorney General and Director, Bureau of PrisonsCourt of Appeals for the Eighth Circuit · 1972
  3. Jonnie C. Doss v. United StatesCourt of Appeals for the Eighth Circuit · 1971

3Cited by10 opinions

  1. Frank Michael Kendrick v. Peter Carlson, WardenCourt of Appeals for the Eighth Circuit · 1993
  2. Wilhelm J. Bruss, Sr. v. C. E. Harris, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1973
  3. Herbert McIntyre v. United StatesCourt of Appeals for the Eighth Circuit · 1975
  4. Roman Columbus Brown v. United StatesCourt of Appeals for the Eighth Circuit · 1974
  5. United States v. Frank Peter DowneyCourt of Appeals for the Eighth Circuit · 1972

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