Legal Opinion

Donald L. Hayward v. United States Parole Commission, Joseph Petrovsky, Warden

Court of Appeals for the Eighth Circuit

Decided September 18, 1981No. 81-1007PublishedCited by 55 opinions

1Opinion of the Court

ROSS, Circuit Judge.

The United States Parole Commission (Commission) appeals the district court’s decision to grant a writ of habeas corpus pursuant to 28 U.S.C. § 2241. We reverse. 502 F.Supp. 1007.

On October 22, 1976, Donald L. Hayward was sentenced to seven years plus a special parole term of three years for distribution of heroin in violation of 21 U.S.C. § 841(a)(1). Hayward was sentenced under 18 U.S.C. § 4205(b)(2) (effective May 14, 1976) which states that “the court may fix the maximum sentence of imprisonment to be served in which event the court may specify that the prisoner may be…

2Cases cited10 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. United States Parole Commission v. GeraghtySupreme Court of the United States · 1980
  3. Calder v. BullSupreme Court of the United States · 1798
  4. United States v. AddonizioSupreme Court of the United States · 1979
  5. Geraghty v. United States Parole CommissionCourt of Appeals for the Third Circuit · 1978

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

3Cited by55 opinions

  1. Conklin Wallace v. Robert ChristensenCourt of Appeals for the Ninth Circuit · 1986
  2. Gluckstern v. SuttonCourt of Appeals of Maryland · 1990
  3. William J. Prater v. U.S. Parole Commission and Thomas Keohane, WardenCourt of Appeals for the Seventh Circuit · 1986
  4. Douglas Charles Dufresne v. Benjamin Baer, Chairman, U.S. Parole CommissionCourt of Appeals for the Eleventh Circuit · 1984
  5. United States of America Ex Rel. Lawrence Forman v. Cecil McCall Chairman, United States Parole Commission, United States Parole CommissionCourt of Appeals for the Third Circuit · 1983

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