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Gilbert F. Postelwait v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas

Gilbert F. POSTELWAIT, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee

Postelwait v. J. T. Willingham,, United States Penitentiary, Leavenworth, Kan., 365 F.2d 759 (10th Cir. 1966)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
September 12, 1966
Docket
No. 8835
Judges
Pickett, Hill, Payne
Citations
365 F.2d 7591966 U.S. App. LEXIS 5014
Cited by 5 Original from court

Opinion — Per Curiam

PER CURIAM.

Appellant, a prisoner in the United States Penitentiary at Leavenworth, Kansas, appeals from an order dismissing his habeas corpus petition without a hearing. The essence of his contention is that after revocation of his parole and return to prison, he was entitled to have credited against his sentence the time during which he was on parole, because he was in constructive custody of the Attorney General of the United States. This same argument was rejected by this court in Weathers v. Willingham, 356 F.2d 421 . Sentence can be served only by imprisonment or by unrevoked parole.

Affirmed.

How later courts describe this case

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

Cited by 5 cases

View all citing references →
1967: 11968: 11969: 11975: 11976: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. Harry B. Suggs v. Loren Daggett, Warden522 F.2d 396 (10th Cir. 1975)
  2. James J. Canavari v. G. v. Richardson419 F.2d 1287 (9th Cir. 1969)
  3. Thompson v. Warden-El Reno, Oklahoma Board of Parole418 F. Supp. 894 (W.D. Okla. 1976)
  4. O'Callahan v. United States293 F. Supp. 122 (D. Minnesota 1968)
  5. Young v. Director, U. S. Bureau of Prisons263 F. Supp. 263 (M.D. Penn. 1967)

Most recent

  1. Thompson v. Warden-El Reno, Oklahoma Board of Parole418 F. Supp. 894 (W.D. Okla. 1976)
  2. Harry B. Suggs v. Loren Daggett, Warden522 F.2d 396 (10th Cir. 1975)
  3. James J. Canavari v. G. v. Richardson419 F.2d 1287 (9th Cir. 1969)
  4. O'Callahan v. United States293 F. Supp. 122 (D. Minnesota 1968)
  5. Young v. Director, U. S. Bureau of Prisons263 F. Supp. 263 (M.D. Penn. 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 1

DepthCaseCited by
Weathers v. J. T. Willingham,, United States Penitentiary, Leavenworth, Kan., 356 F.2d 421 (10th Cir. 1966) 22

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