Frank A. Anglin, Jr. v. Steven Johnston, Parole Executive, United States Board of Parole

SPRECHER, Circuit Judge.

This appeal from the denial of a petition for a writ of habeas corpus poses the novel question of whether a pending federal sentence may be suspended in order to allow the prisoner to serve an intervening civil contempt sentence for his refusal, despite immunity, to testify before a grand jury.

I

The petitioner, Frank A. Anglin, Jr., was found guilty by a jury on January 10, 1972 of two counts of theft from an interstate shipment and illegal use of firearms. On February 23, 1972 he was sentenced by Judge McGarr to concurrent sentences of three years and one year and on…