James Edward Garnett v. Olin G. Blackwell, Warden, United States Penitentiary

Fifth Circuit

James Edward Garnett v. Olin G. Blackwell, Warden, United States Penitentiary

423 F.2d 1211, 1970 U.S. App. LEXIS 10214

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 20, 1970

Docket28549

StatusPublished

Cited by15 cases

This text of 423 F.2d 1211 (James Edward Garnett v. Olin G. Blackwell, Warden, United States Penitentiary) 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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James Edward Garnett v. Olin G. Blackwell, Warden, United States Penitentiary, 423 F.2d 1211, 1970 U.S. App. LEXIS 10214 (5th Cir. 1970).

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Opinion

PER CURIAM:

The appeal is taken from an order of the district court denying the writ of habeas corpus. We affirm. 1

Appellant is presently incarcerated in the federal penitentiary at Atlanta for violations of 18 U.S.C. §§ 471, 472, and 708, passing and forging United States treasury checks and stealing mail. He was sentenced on January 21, 1959, to ten (10) years imprisonment.

Appellant was twice released pursuant to the mandatory release provisions of 18 U.S.C. § 4163. On both occasions he violated the terms of release and was retaken on a parole violator warrant be *1212 fore the minimum supervisory period had expired. In both instances the parole board held that he had forfeited all prior accumulated good time. Appellant filed his petition in the district court claiming his right to immediate release on grounds that his sentence had expired. The court denied the petition stating that appellant, having violated the terms of his conditional release, is not entitled to credit for the time on parole and must serve the unexpired term of his sentence.

A convict who is granted conditional release pursuant to § 4163 is considered as if released on parole. 18 U.S.C. § 4164. Buchanan v. Blackwell, 5th Cir. 1967, 372 F.2d 451. If he violates these conditions and is required to serve the remainder of his sentence, the time spent on parole shall not diminish the sentence. 18 U.S.C. § 4205; Clark v. Blackwell, 5th Cir. 1967, 374 F.2d 952; Buchanan v. Blackwell, supra; Smith v. Blackwell, 5th Cir. 1966, 367 F.2d 539. The judgment is affirmed.

Affirmed.

1

. It is appropriate to dispose of this pro se case summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981.

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PER CURIAM:

The appeal is taken from an order of the district court denying the writ of habeas corpus. We affirm. 1

Appellant is presently incarcerated in the federal penitentiary at Atlanta for violations of 18 U.S.C. §§ 471, 472, and 708, passing and forging United States treasury checks and stealing mail. He was sentenced on January 21, 1959, to ten (10) years imprisonment.

Appellant was twice released pursuant to the mandatory release provisions of 18 U.S.C. § 4163. On both occasions he violated the terms of release and was retaken on a parole violator warrant be *1212 fore the minimum supervisory period had expired. In both instances the parole board held that he had forfeited all prior accumulated good time. Appellant filed his petition in the district court claiming his right to immediate release on grounds that his sentence had expired. The court denied the petition stating that appellant, having violated the terms of his conditional release, is not entitled to credit for the time on parole and must serve the unexpired term of his sentence.

A convict who is granted conditional release pursuant to § 4163 is considered as if released on parole. 18 U.S.C. § 4164. Buchanan v. Blackwell, 5th Cir. 1967, 372 F.2d 451. If he violates these conditions and is required to serve the remainder of his sentence, the time spent on parole shall not diminish the sentence. 18 U.S.C. § 4205; Clark v. Blackwell, 5th Cir. 1967, 374 F.2d 952; Buchanan v. Blackwell, supra; Smith v. Blackwell, 5th Cir. 1966, 367 F.2d 539. The judgment is affirmed.

Affirmed.

1

. It is appropriate to dispose of this pro se case summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981.

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423 F.2d 1211, 1970 U.S. App. LEXIS 10214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-edward-garnett-v-olin-g-blackwell-warden-united-states-ca5-1970.

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