Gilbert F. Postelwait v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas
This text of 365 F.2d 759 (Gilbert F. Postelwait v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant, a prisoner in the United States Penitentiary at Leavenworth, Kansas, appeals from an order dismissing his habeas corpus petition without a hearing. The essence of his contention is that after revocation of his parole and return to prison, he was entitled to have credited against his sentence the time during which he was on parole, because he was in constructive custody of the Attorney General of the United States. This same argument was rejected by this court in Weathers v. Willingham, 356 F.2d 421. Sentence can be served only by imprisonment or by unrevoked parole.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
365 F.2d 759, 1966 U.S. App. LEXIS 5014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-f-postelwait-v-j-t-willingham-warden-united-states-ca10-1966.