Opinion

Nathaniel Burdette v. Claude S. Nock, Jr., Youth Division Executive, and United States Board of Parole

  • 480 F.2d 1010
  • 1973 U.S. App. LEXIS 9048
Court
Court of Appeals for the Sixth Circuit
Filed
Jun 29, 1973
Status
Published
Author
McCREE
On the bench
McCree, Weick, Edwards, Me-Cree
Cited by
8 cases

The opinion

McCREE, Circuit Judge

(concurring in part and dissenting in part).

I agree with the determination that the United States Parole Board did not lose jurisdiction by failing to execute the federal parole violation warrant during the eighteen months when appellant was confined awaiting trial on the state charges. However, I would remand the case for a determination, by evidentiary hearing or otherwise, by the district court whether appellant attempted to post bail on the state offense and would have been released by the state authorities but for the federal parole violation warrant.

If appellant would not have been detained for eighteen months awaiting trial on the state charges except because of the federal warrant, he should be given credit for that time against the balance of his federal sentence. This result would be consistent with the clear Congressional policy enunciated in the 1966 Amendment to Title 18 U.S.C. § 3568 that requires the Attorney General to give credit toward service of a sentence for any days spent in custody in connection with the offense or act for which sentence was imposed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.