Delage Larry Smith v. Attorney General of the United States

DeLage Larry SMITH, Petitioner-Appellant, v. ATTORNEY GENERAL OF the UNITED STATES, Respondent-Appellee

Delage Larry Smith v. Attorney Gen. of the United States, 420 F.2d 488 (5th Cir. 1969)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: December 23, 1969
Docket: No. 28337_1
Judges: Bell, Ainsworth, Godbold
Citations: 420 F.2d 4881969 U.S. App. LEXIS 9562

Opinion — Per Curiam

PER CURIAM:

This appeal is taken from the order of the district court denying the petition of a federal convict for the writ of habeas corpus. We affirm.

Appellant is currently serving a 15-year sentence imposed upon a plea of guilty on February 6, 1959 to a charge of violating 18 U.S.C. § 2113 (a), entering a bank with intent to commit a felony. While serving this sentence the state of Mississippi lodged a detainer against him. Upon being paroled on April 13, 1964, appellant was taken into *489 custody by Mississippi officers and was thereupon tried and convicted and sentenced to three years imprisonment. His state sentence expired and he was released on December 31, 1966. On August 22, 1967, appellant was arrested on a parole violator warrant for leaving the district without permission. He was returned to the federal penitentiary to serve the remainder of his sentence, and all earned good time was revoked.

Appellant contends that his earned good time should not have been revoked. This contention is without merit. See Smith v. Blackwell, 5 Cir., 1966, 367 F.2d 539, 541 .

He also contends that he should be given credit against his sentence for the time spent in prison on the Mississippi conviction. This is also without merit. See Van Horn v. Maguire, 5 Cir., 1964, 328 F.2d 585 .

Affirmed.

. Pursuant to Rule 18 of the Rules of this Court, we have concluded that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5th Cir. 1969, 409 F.2d 804 , Part I; and Huth v. Southern Pacific Company, 5th Cir. 1969, 417 F.2d 526 , Part I.

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Cited by 7 cases

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Relies on it most ⓘ

James David Williams v. U. S. Board of Paroles428 F.2d 1210 (5th Cir. 1970)
Clarence E. Woods v. United States449 F.2d 740 (5th Cir. 1971)
Gibbs v. Wainwright302 So. 2d 175 (Fla. Dist. Ct. App. 1974)
Lashley v. State of Fla.413 F. Supp. 850 (M.D. Fla. 1976)
Anthony J. Blanchard v. United States433 F.2d 13 (5th Cir. 1970)
Quarls v. Missouri337 F. Supp. 1025 (W.D. Mo. 1972)

Most recent

Lashley v. State of Fla.413 F. Supp. 850 (M.D. Fla. 1976)
Gibbs v. Wainwright302 So. 2d 175 (Fla. Dist. Ct. App. 1974)
George G. Giordano v. J. D. Henderson, Warden456 F.2d 1293 (5th Cir. 1972)
Quarls v. Missouri337 F. Supp. 1025 (W.D. Mo. 1972)
Clarence E. Woods v. United States449 F.2d 740 (5th Cir. 1971)
Anthony J. Blanchard v. United States433 F.2d 13 (5th Cir. 1970)

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 4

Depth	Case	Cited by
	Murphy v. Houma Well Serv., & Eva C. Fontenot, 409 F.2d 804 (5th Cir. 1969)	443
	Huth v. Southern Pac. Co., 417 F.2d 526 (5th Cir. 1969)	281
	Smith v. Olin G. Blackwell,, United States Penitentiary, Atlanta, Ga., 367 F.2d 539 (5th Cir. 1966)	39
	Roy Francis Van Horn v. Maguire, 328 F.2d 585 (5th Cir. 1964)	10

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