Legal Opinion

James W. Stewart v. United States Board of Parole J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas

Court of Appeals for the Tenth Circuit

Decided November 28, 1960No. 6550PublishedCited by 8 opinions

1Per curiam

Petitioner-appellant was tried by a General Court Martial for the offense of rape, was convicted and sentenced to be hanged. By successive executive actions the sentence was commuted to a term of 18 years, and he was committed to the federal penitentiary for service of the sentence. Upon allowance of good time under 18 U.S.C. § 4161 petitioner was conditionally released as if on parole under 18 U.S.C. § 4164. While in parole status he was retaken on a parole violator’s warrant and returned to the custody of the respondent Warden for the service of the unexpired part of his sentence.

By this…

2Cases cited5 opinions

  1. Innes v. HiattDistrict Court, M.D. Pennsylvania · 1944
  2. Johnson v. HiattDistrict Court, M.D. Pennsylvania · 1947
  3. Fitch v. HiattDistrict Court, M.D. Florida · 1942
  4. Melvin L. Easley v. United StatesCourt of Appeals for the Tenth Circuit · 1958
  5. O'COnnOr v. Hunter, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1951

3Cited by8 opinions

  1. Anthony T. Koyce v. United States Board of ParoleCourt of Appeals for the D.C. Circuit · 1962
  2. Kethel Osborne v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1964
  3. John P. Mitchell v. Robert F. Kennedy, U.S. Attorney General, and J. C. Taylor, Warden, Unitedstates PenitentiaryCourt of Appeals for the Tenth Circuit · 1965
  4. Artis v. U.S. Department of JusticeDistrict Court, D. New Jersey · 2001
  5. Mansfield v. BeelerCourt of Appeals for the Third Circuit · 2007

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