Legal Opinion

Don B. Cook v. United States Attorney General

Court of Appeals for the Fifth Circuit

Decided February 11, 1974No. 73-1436PublishedCited by 66 opinions

1Opinion of the Court

BROWN, Chief Judge:

The question is, must the Parole Board grant a Morrisey 1 -type revocation hearing to a parolee at the commencement of a new prison sentence imposed for a crime committed while on parole where a parole violators warrant has been issued but returned unexecuted pending completion of the intervening sentence? Reversing the District Court, we hold that the revocation hearing can be postponed. In 1966, while out on parole in Texas, under a federal bank burglary conviction, 2 Appellee was returned to federal custody under two charges of post office burglary and one charge of…

2Cases cited13 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Hyser v. ReedCourt of Appeals for the D.C. Circuit · 1963
  3. Lawrence v. BlackwellDistrict Court, N.D. Georgia · 1969
  4. Joseph Orton Smith v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1966
  5. Sutherland v. District of Columbia Board of ParoleDistrict Court, District of Columbia · 1973

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3Cited by66 opinions

  1. Moody v. DaggettSupreme Court of the United States · 1976
  2. Kenneth R. Koetting v. R.G. Thompson, Warden, Agent for Dick D. Moore, Director Missouri Dept. Of Corrections and Human ResourcesCourt of Appeals for the Fifth Circuit · 1993
  3. Frederick E. Hopper v. United States Parole CommissionCourt of Appeals for the Ninth Circuit · 1983
  4. George Heath v. United States Parole Commission and Robert Henderson, Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1986
  5. United States Ex Rel. Burgess v. LindseyDistrict Court, E.D. Pennsylvania · 1975

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