TaiLexi AI U.S. Case Law

Arthur Gilchrist v. United States

Arthur GILCHRIST, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

Gilchrist v. United States, 427 F.2d 1132 (5th Cir. 1970)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
June 17, 1970
Docket
No. 29456_1
Judges
Coleman, Per Curiam, Simpson, Wisdom
Citations
427 F.2d 11321970 U.S. App. LEXIS 8648

Opinion — Per Curiam

*1133 PER CURIAM:

Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits 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.

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

In his habeas corpus petition in the court below appellant contended (1) that he has been deprived of 113 days of his accumulated good time without just cause, and (2) that he has been placed in double jeopardy by the filing of a criminal indictment for the same act for which his good time was forfeited.

Appellant is presently sei'ving a three and one-half year sentence for violating Title 18 U.S.C.A., § 495 (2), uttering a United States Treasury check with forged endorsement.

There is no indication in the record that appellant had appealed the forfeiture of good time to the Attorney General. Before a prisoner can avail himself of judicial review for loss of good time, he must first exhaust his administrative remedies by applying to the Director of the Bureau of Prisons for a recommendation to restore his forfeited good time, which is subject to being restored by the Attorney General on that recommendation, 18 U.S.C.A., § 4166 . Smoake v. Willingham, 10 Cir., 1966, 359 F.2d 386 ; Lloyd v. Heritage, 199 F.Supp. 46 , N.D.Ga., 1961; Lynch v. United States, 5 Cir., 1969, 414 F.2d 281 .

As to appellant’s second contention, the double jeopardy provision of the Fifth Amendment is not violated because a prisoner is subjected to discipline by prison authorities for violating prison regulations and is also prosecuted in the district court in a criminal action based upon the same acts. United States v. Cordova, 5 Cir., 1969, 414 F.2d 277 ; Keaveny v. United States, 5 Cir., 1969, 405 F.2d 821 ; Rush v. United States, 5 Cir., 1961, 290 F.2d 709 ; Mullican v. United States, 5 Cir., 1958, 252 F.2d 398 .

The judgment of the district court is Affirmed.

How later courts describe this case

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

Cited by 18 cases

View all citing references →
1971: 31972: 11973: 11976: 21978: 11979: 11985: 11991: 11992: 11997: 11998: 11999: 12007: 12017: 12019: 119712026peak 1971 · 3

Relies on it most ⓘ

  1. United States v. Tony BuckNo. 19-60107 (5th Cir. Dec. 2, 2019)
  2. United States v. Mayes158 F.3d 1215 (11th Cir. 1998)
  3. Kenneth Alexander Hutchison v. United States450 F.2d 930 (10th Cir. 1971)
  4. United States v. Jusse J. Stuckey441 F.2d 1104 (3d Cir. 1971)
  5. Jenkins v. State367 So. 2d 587 (Ala. Crim. App. 1978)
  6. Turner v. Johnson46 F. Supp. 2d 655 (S.D. Tex. 1999)

Most recent

  1. United States v. Tony BuckNo. 19-60107 (5th Cir. Dec. 2, 2019)
  2. STATE OF FLORIDA v. FRANKLIN JONES230 So. 3d 22 (Fla. Dist. Ct. App. 2017)
  3. United States v. DanielNo. 06-60822 (5th Cir. Mar. 15, 2007)
  4. Turner v. Johnson46 F. Supp. 2d 655 (S.D. Tex. 1999)
  5. United States v. Mayes158 F.3d 1215 (11th Cir. 1998)
  6. State v. Beeson569 N.W.2d 107 (Iowa 1997)

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 7

DepthCaseCited by
Mullican v. United States, 252 F.2d 398 (5th Cir. 1958) 83
Smoake v. J. T. Willingham,, United States Penitentiary, Leavenworth, Kan., 359 F.2d 386 (10th Cir. 1966) 35
Keaveny v. United States, 405 F.2d 821 (5th Cir. 1969) 18
Rush v. United States, 290 F.2d 709 (5th Cir. 1961) 13
United States v. Cordova, 414 F.2d 277 (5th Cir. 1969) 11
Lynch v. United States, 414 F.2d 281 (5th Cir. 1969) 10
Lloyd v. Heritage, 199 F. Supp. 46 (N.D. Ga. 1961) 7

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list