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Thomas J. Bullock, III v. State of Mississippi, Joe Patterson, Attorney General, State Board of Parole, United States of America

Thomas J. BULLOCK, III, Plaintiff-Appellant, v. STATE OF MISSISSIPPI, Joe Patterson, Attorney General, State Board of Parole, Defendants-Appellees, United States of America, Respondent-Appellee

Bullock v. State of Miss., Joe Patterson, Attorney Gen., State Bd. of Parole, 404 F.2d 75 (5th Cir. 1968)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 2, 1968
Docket
No. 26389
Judges
Thornberry, Dyer, Simpson
Citations
404 F.2d 751968 U.S. App. LEXIS 4670

Opinion — Per Curiam

PER CURIAM:

This appeal is from a district court order denying the petition of a Mississippi convict for release from a state detainer. We affirm.

Appellant, currently serving a sentence in federal prison for a Dyer Act violation, 18 U.S.C. § 2312 , challenges the right of state authorities to regain custody of him upon expiration of the current sentence. At a time when he was under arrest by state officers for car theft and parole violation, he was transferred to federal custody, convicted in federal court, and sentenced to his present term. The State of Mississippi has placed a detainer on him to regain custody upon his release from federal prison. Appellant contends that Mississippi has waived its right to him by handing him over to federal authorities. There is no merit to this contention.

It is well established that where state authorities surrender a prisoner to the federal authorities for trial, sentence, and execution of sentence be *76 fore he is to be returned to state custody, the prisoner has no standing to contest the agreement between the sovereigns as to the order of prosecution and execution of sentences; that is, he may not challenge either his original removal from state custody, or his return thereto after the completion of his federal sentence. See Derengowski v. U. S. Marshal, 8th Cir. 1967, 377 F.2d 223 ; Hall v. Looney, 10th Cir. 1958, 256 F.2d 59 ; United States ex rel. Moses v. Kipp, 7th Cir. 1956, 232 F.2d 147 ; Gunton v. Squier, 9th Cir. 1950, 185 F.2d 470 ; United States ex rel. Lombardo v. McDonnell, 7th Cir. 1946, 153 F.2d 919 ; Stamphill v. Johnston, 9th Cir. 1943, 136 F.2d 291 , cert. denied, 320 U.S. 766 , 64 S.Ct. 70 , 88 L.Ed. 457 . The State, by giving temporary custody to the federal authorities does so without a complete surrender of its prior jurisdiction over him. Hayward v. Looney, 10th Cir. 1957, 246 F.2d 56 ; Zerbst v. McPike, 5th Cir. 1938, 97 F.2d 253 .

Affirmed.

How later courts describe this case

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

Cited by 28 cases

View all citing references →
1969: 11970: 31971: 41972: 21973: 11974: 31976: 21980: 41983: 11985: 11990: 11991: 11993: 11995: 12019: 219692026peak 1971 · 4

Relies on it most ⓘ

  1. George Freeman Causey v. Benjamin R. Civiletti, Attorney General621 F.2d 691 (5th Cir. 1980)
  2. Brown v. State452 S.W.2d 176 (Mo. 1970)
  3. Transportation of Federal Prisoners to State Courts Pursuant to Writs of Habeas Corpus(OLC July 25, 1980)
  4. Robert E. Sykes v. State of California (Department of Motor Vehicles)497 F.2d 197 (9th Cir. 1974)
  5. Gottfried v. Cronin555 P.2d 969 (Colo. 1976)
  6. Harkins v. Lauf532 S.W.2d 459 (Mo. 1976)

Most recent

  1. United States v. McKeeverNo. Criminal No. 2000-0250 (D.D.C. Oct. 21, 2019)
  2. Brown v. United StatesNo. 1:19-cv-00043 (N.D. Miss. June 5, 2019)
  3. United States v. Henry James Wright v. Henry James Wright59 F.3d 168 (4th Cir. 1995)
  4. Millard v. Roach631 A.2d 1217 (D.C. 1993)
  5. Otis Leroy Thompson v. R.E. Lee, Attorney General of North Carolina934 F.2d 320 (4th Cir. 1991)
  6. United States v. Mattie Louise Avery911 F.2d 734 (6th Cir. 1990)

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 9

DepthCaseCited by
Zerbst v. McPike, 97 F.2d 253 (5th Cir. 1938) 69
Stamphill v. Johnston, 136 F.2d 291 (9th Cir. 1943) 53
Hayward v. Chesley H. Looney,, United States Penitentiary, Leavenworth, Kan., 246 F.2d 56 (10th Cir. 1957) 49
Gunton v. Squier, 185 F.2d 470 (9th Cir. 1950) 44
United States ex rel. Marvin Moses v. William W. Kipp. Sr., United States Marshal, 232 F.2d 147 (7th Cir. 1956) 36
Norbert Derengowski v. The U. S. Marshal, Minneapolis Office, Minn. Div., & the State of Ill., 377 F.2d 223 (8th Cir. 1967) 33
Tate v. Empire Bldg. Corp., 320 U.S. 766 (1943) 30
Hall v. C. H. Looney,, United States Penitentiary, Leavenworth, Kan., 256 F.2d 59 (10th Cir. 1958) 24
United States ex rel. Lombardo v. McDonnell, 153 F.2d 919 (7th Cir. 1946) 24

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