Robert C. Beauchamp v. Paul Murphy, the Superintendent of the Old Colony Correctional Center

BOUDIN, Circuit Judge.

This appeal presents the question whether Massachusetts was constitutionally obliged, under the circumstances of this case, to give an escaped convict credit against his Massachusetts sentence for time" spent in an Illinois jail resisting extradition back to Massachusetts. The district court in a habeas corpus proceeding held that the Constitution required such a credit. We disagree, and reverse.

The facts are straightforward. On February 23, 1973, a jury found Richard Beau-champ guilty of second degree murder in Massachusetts. He received a life sentence but, under…