Yancy Douglas Hardy v. United States Board of Parole

Ninth Circuit

Yancy Douglas Hardy v. United States Board of Parole

443 F.2d 402, 1971 U.S. App. LEXIS 9948

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 28, 1971

Docket26552_1

StatusPublished

Cited by10 cases

This text of 443 F.2d 402 (Yancy Douglas Hardy v. United States Board of Parole) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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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Yancy Douglas Hardy v. United States Board of Parole, 443 F.2d 402, 1971 U.S. App. LEXIS 9948 (9th Cir. 1971).

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Opinion

PER CURIAM:

Appellant, under sentences of imprisonment for violations of state and federal law, wants credit on his federal sentence for the time he served in state prison. He bases his contention on the fact that the sentence by the state court was made to run concurrently with the sentence he was then serving.

It is fundamental that appellant’s federal sentence did not begin to run until appellant, a parole violator, was returned to federal prison for the service of the balance of his sentence. 1 Zerbst v. Kidwell, 304 U.S. 359, 58 S.Ct. 872, 82 L.Ed. 1399 (1938); Clark v. Blackwell, 374 F. 2d 952 (5th Cir. 1967); Hash v. Henderson, 385 F.2d 475 (8th Cir. 1967). The cases cited by appellant do not support his contention.'

Judgment affirmed.

1

. 18 U.S.C. § 3568.

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