Legal Opinion

Application of Lyle Nelson for a Writ of Habeas Corpus

Court of Appeals for the Eighth Circuit

Decided December 1, 1970No. 20232_1PublishedCited by 15 opinions

1Per curiam

Lyle Nelson appeals the district court’s denial of his petition for a writ of habeas corpus. He seeks to credit approximately twenty-eight months spent in jail in Pennington County, South Dakota and in the South Dakota state penitentiary against a federal sentence of three-years imprisonment for interstate transportation of and conspiracy to transport stolen cattle. The district court, Judge Beck, refused to grant the requested credit. Appellee raises no question concerning jurisdiction or procedure. We affirm.

We briefly review the relevant and undisputed facts. Petitioner was convicted of…

2Cases cited9 opinions

  1. Smith v. SwopeCourt of Appeals for the Ninth Circuit · 1937
  2. Bert Strand, Sheriff of San Diego County, State of California v. William SchmittrothCourt of Appeals for the Ninth Circuit · 1957
  3. Ernest C. Davis v. Attorney General of the United StatesCourt of Appeals for the Fifth Circuit · 1970
  4. Nolan v. United StatesCourt of Appeals for the Eighth Circuit · 1947
  5. Albori v. United StatesCourt of Appeals for the Ninth Circuit · 1933

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3Cited by15 opinions

  1. Clifton Crawford v. Delbert C. Jackson, Director, District of Columbia Department of CorrectionsCourt of Appeals for the D.C. Circuit · 1978
  2. John J. Flick, Jr. v. Dudley Blevins, WardenCourt of Appeals for the Seventh Circuit · 1989
  3. United States v. Bernard GainesCourt of Appeals for the Second Circuit · 1971
  4. United States v. SockelDistrict Court, W.D. Missouri · 1973
  5. Kincade v. LeviDistrict Court, M.D. Pennsylvania · 1977

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