Johnny Arthur Nelson v. United States

Fifth Circuit

Johnny Arthur Nelson v. United States

443 F.2d 75, 1971 U.S. App. LEXIS 10035

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 25, 1971

Docket30408

StatusPublished

This text of 443 F.2d 75 (Johnny Arthur Nelson v. United States) 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.

Bluebook

Johnny Arthur Nelson v. United States, 443 F.2d 75, 1971 U.S. App. LEXIS 10035 (5th Cir. 1971).

Pincite

Opinion

PER CURIAM:

Nelson, while serving the remainder of his federal sentence as a mandatory release violator, filed a habeas corpus petition in the District Court seeking credit on his sentence for the time he spent on parole. He also challenged the validity of his parole revocation on the ground that he was denied counsel at his parole revocation hearing, though he was an indigent and had requested counsel. The District Court denied relief, and Nelson appealed. Thereafter an affidavit by the Administrative Assistant of the United States Penitentiary at Atlanta, Georgia was filed in this Court certifying that Nelson was released from federal custody on April 30, 1971. Since Nelson is no longer incarcerated by virtue of the challenged parole revocation proceedings, the issues presented upon this appeal are moot.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Nelson, while serving the remainder of his federal sentence as a mandatory release violator, filed a habeas corpus petition in the District Court seeking credit on his sentence for the time he spent on parole. He also challenged the validity of his parole revocation on the ground that he was denied counsel at his parole revocation hearing, though he was an indigent and had requested counsel. The District Court denied relief, and Nelson appealed. Thereafter an affidavit by the Administrative Assistant of the United States Penitentiary at Atlanta, Georgia was filed in this Court certifying that Nelson was released from federal custody on April 30, 1971. Since Nelson is no longer incarcerated by virtue of the challenged parole revocation proceedings, the issues presented upon this appeal are moot.

Appeal dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

443 F.2d 75, 1971 U.S. App. LEXIS 10035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnny-arthur-nelson-v-united-states-ca5-1971.