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

> Court of Appeals for the Sixth Circuit · June 29, 1973 · 480 F.2d 1010

URL: https://www.frixlaw.com/law-library/cases/9459614

## Case

- **Full name:** Nathaniel BURDETTE, Petitioner-Appellant, v. Claude S. NOCK, Jr., Youth Division Executive, Et Al., and United States Board of Parole, Respondents-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** June 29, 1973
- **Citations:** 480 F.2d 1010; 1973 U.S. App. LEXIS 9048
- **Precedential status:** Published
- **Opinion:** Concurring in part by McCREE
- **Judges:** McCree, Weick, Edwards, Me-Cree
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9459614

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9459614. Public record. Not legal advice.