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John Joseph Powers v. John C. Taylor, Warden United States Penitentiary, Leavenworth, Kansas

John Joseph POWERS, Appellant, v. John C. TAYLOR, Warden United States Penitentiary, Leavenworth, Kansas, Appellee

Powers v. Taylor, 327 F.2d 498 (10th Cir. 1964)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
February 26, 1964
Docket
No. 7501
Judges
Lewis, Seth, Kerr
Citations
327 F.2d 498

Opinion — Per Curiam

PER CURIAM.

Appellant is presently confined at the United States Penitentiary at Leavenworth, Kansas, under sentence upon conviction for a Dyer Act offense. This court has earlier considered a direct appeal. Powers v. United States, 10 Cir., 305 F.2d 157 . He now appeals from an order of the District Court for the District of Kansas dismissing his petition for a writ of habeas corpus.

Appellant presently contends that he was sentenced to a term of two years, should be credited with time spent in custody prior to sentencing, and consequently is entitled to immediate release. The contentions are patently without merit. The record shows appellant to have been sentenced to a term of three years; and the time of sentence begins to run only in accord with the provisions of 18 U.S.C.A. § 3568 and when he was received at the place of service. Byers v. United States, 10 Cir., 175 F.2d 654 ; McIntosh v. Looney, 10 Cir., 249 F.2d 62 , cert. den. 355 U.S. 935 , 78 S.Ct. 418 , 2 L.Ed.2d 417 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1966: 31967: 31968: 41969: 119662026peak 1968 · 4

Relies on it most ⓘ

  1. Stapf v. United States367 F.2d 326 (D.C. Cir. 1966)
  2. Enrique Reyes Leyvas v. United States371 F.2d 714 (9th Cir. 1967)
  3. Rudolph James Anderson v. United States405 F.2d 492 (10th Cir. 1969)
  4. Roger S. Bandy v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas and United States Attorney General398 F.2d 333 (10th Cir. 1968)
  5. William T. Miller v. J. T. Willingham, Warden400 F.2d 873 (10th Cir. 1968)
  6. Allen v. United States264 F. Supp. 420 (M.D. Penn. 1966)

Most recent

  1. Rudolph James Anderson v. United States405 F.2d 492 (10th Cir. 1969)
  2. William T. Miller v. J. T. Willingham, Warden400 F.2d 873 (10th Cir. 1968)
  3. Roger S. Bandy v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas and United States Attorney General398 F.2d 333 (10th Cir. 1968)
  4. Brown v. United States287 F. Supp. 442 (E.D. Pa. 1968)
  5. Robert John Manning v. United States389 F.2d 755 (10th Cir. 1968)
  6. Joseph v. United States272 F. Supp. 687 (E.D. La. 1967)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Byers v. United States, 175 F.2d 654 (10th Cir. 1949) 20
McIntosh v. Chesley H. Looney,, United States Penitentiary, Leavenworth, Kan., 249 F.2d 62 (10th Cir. 1957) 16
Powers v. United States, 305 F.2d 157 (10th Cir. 1962) 9

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