Frank Fitzpatrick v. J. J. Clark, Warden

Fifth Circuit

Frank Fitzpatrick v. J. J. Clark, Warden

443 F.2d 916, 1971 U.S. App. LEXIS 9701

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 9, 1971

Docket71-1430

StatusPublished

Cited by1 cases

This text of 443 F.2d 916 (Frank Fitzpatrick v. J. J. Clark, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Frank Fitzpatrick v. J. J. Clark, Warden, 443 F.2d 916, 1971 U.S. App. LEXIS 9701 (5th Cir. 1971).

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Opinion

PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a federal prisoner for the writ of habeas corpus. We affirm.

In his petition filed in the court below, appellant contended that his sentence had expired and that he is entitled to immediate release from custody. The record reflects that appellant was first convicted and sentenced on March 12, 1963, to a term of five years imprisonment. Subsequently, after pleading guilty to two counts of a later indictment, he was sentenced on January 16, 1964, to consecutive terms of five years on each count to run concurrently with the earlier five year sentence. Appellant was paroled on March 16, 1968, but was returned to federal custody on May 18, 1970, as a parole violator.

As the district court concluded, it is obvious from the facts alleged that appellant’s sentence has not yet expired and he is clearly not entitled to immediate release. The judgment below is affirmed.

Affirmed.

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PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a federal prisoner for the writ of habeas corpus. We affirm.

In his petition filed in the court below, appellant contended that his sentence had expired and that he is entitled to immediate release from custody. The record reflects that appellant was first convicted and sentenced on March 12, 1963, to a term of five years imprisonment. Subsequently, after pleading guilty to two counts of a later indictment, he was sentenced on January 16, 1964, to consecutive terms of five years on each count to run concurrently with the earlier five year sentence. Appellant was paroled on March 16, 1968, but was returned to federal custody on May 18, 1970, as a parole violator.

As the district court concluded, it is obvious from the facts alleged that appellant’s sentence has not yet expired and he is clearly not entitled to immediate release. The judgment below is affirmed.

Affirmed.

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443 F.2d 916, 1971 U.S. App. LEXIS 9701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-fitzpatrick-v-j-j-clark-warden-ca5-1971.

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