Jerry Bob Combs v. Roger Carroll, U. S. Probation Officer

Fifth Circuit

Jerry Bob Combs v. Roger Carroll, U. S. Probation Officer

446 F.2d 893, 1971 U.S. App. LEXIS 9043

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 9, 1971

Docket71-1676

StatusPublished

Cited by1 cases

This text of 446 F.2d 893 (Jerry Bob Combs v. Roger Carroll, U. S. Probation Officer) 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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Jerry Bob Combs v. Roger Carroll, U. S. Probation Officer, 446 F.2d 893, 1971 U.S. App. LEXIS 9043 (5th Cir. 1971).

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Opinion

PER CURIAM:

Combs, who is incarcerated in the Dallas County Jail awaiting trial on charges brought by the State of Texas, appeals the district court’s denial of his petition seeking the dismissal of a federal detainer lodged against him. We affirm.

In December, 1965 the appellant received a six-year sentence for conspiracy to smuggle heroin into the United States, and was mandatorily released in December, 1969, 18 U.S.C. § 4164. He contends that since he was not eligible for parole on his federal sentence, he could not have been under the jurisdiction of the United States Parole Board subsequent to his release in 1969. He therefore concludes that the detainer lodged against him by the Parole Board is invalid.

This reasoning is faulty, since “a prisoner having served his term or terms less good-time deductions shall, upon release, be deemed as if released on parole until the expiration of the maximum term or terms for which he was sentenced less one hundred and eighty days.” 18 U.S.C. § 4164 (emphasis added). Thus the appellant was legally subject to the Parole Board’s supervision until some time in June, 1971; and his arrest on state charges constituted sufficient grounds for issuance of a mandatory release violator warrant and detainer.

The judgment of the district court is affirmed.

Affirmed.

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PER CURIAM:

Combs, who is incarcerated in the Dallas County Jail awaiting trial on charges brought by the State of Texas, appeals the district court’s denial of his petition seeking the dismissal of a federal detainer lodged against him. We affirm.

In December, 1965 the appellant received a six-year sentence for conspiracy to smuggle heroin into the United States, and was mandatorily released in December, 1969, 18 U.S.C. § 4164. He contends that since he was not eligible for parole on his federal sentence, he could not have been under the jurisdiction of the United States Parole Board subsequent to his release in 1969. He therefore concludes that the detainer lodged against him by the Parole Board is invalid.

This reasoning is faulty, since “a prisoner having served his term or terms less good-time deductions shall, upon release, be deemed as if released on parole until the expiration of the maximum term or terms for which he was sentenced less one hundred and eighty days.” 18 U.S.C. § 4164 (emphasis added). Thus the appellant was legally subject to the Parole Board’s supervision until some time in June, 1971; and his arrest on state charges constituted sufficient grounds for issuance of a mandatory release violator warrant and detainer.

The judgment of the district court is affirmed.

Affirmed.

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446 F.2d 893, 1971 U.S. App. LEXIS 9043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerry-bob-combs-v-roger-carroll-u-s-probation-officer-ca5-1971.

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