Legal Opinion
J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas v. Sherman A. Godwin
Court of Appeals for the Tenth Circuit
Decided November 4, 1960No. 6365PublishedCited by 15 opinions
1Opinion of the Court
MURRAH, Chief Judge.
This appeal in a habeas corpus proceedings involves the asserted authority of the United States Board of Parole to issue a parole violator warrant for the retaking of the petitioner-appellee to serve an unexpired term of his sentence. The authority depends upon the construction of section 4205, Title 18, U.S.C., which provides in material part that “A warrant for the retaking of any United States prisoner who has violated his parole, may be issued only by the Board of Parole * * * within the maximum term or terms for which he was sentenced,” and section 4164, Title 18…
2Cases cited4 opinions
- Christianson v. ZerbstCourt of Appeals for the Tenth Circuit · 1937
- Doctor Irby Sprouse, Jr. v. Dr. R. O. Settle, Warden, Medical Center for Federal Prisoners, Springfield, MissouriCourt of Appeals for the Eighth Circuit · 1960
- Charles Schiffman v. Fred T. Wilkinson, Warden, United States Penitentiary, McNeil Island, WashingtonCourt of Appeals for the Ninth Circuit · 1954
- United States ex rel. Anderson v. AndersonDistrict Court, D. Minnesota · 1934
3Cited by15 opinions
- Keyworth C. Birch, Jr. v. Sam A. AndersonCourt of Appeals for the D.C. Circuit · 1965
- Anthony Richard Avellino v. United StatesCourt of Appeals for the Second Circuit · 1964
- Franklin Castillo, Relator-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1968
- Louis Tirado v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia, (Two Cases)Court of Appeals for the Fifth Circuit · 1967
- Rossello v. United States Board of ParoleDistrict Court, M.D. Pennsylvania · 1966
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