David G. Newcombe v. Samuel L. Carter, Chief Records Clerk, United States Penitentiary, Atlanta, Georgia
Cases that cite this one
6 later published cases cite this decision.
- Burnett v. Kindt (United States District Court for the Middle District of Alabama 1984)
- Billie Austin Bryant v. Benjamin R. Civiletti, United States Attorney General (D.C. Cir. 1981)
- Abrahams v. United States (District Court, D. New Hampshire 1979)
- Monks v. United States Parole Commission (District Court, M.D. Pennsylvania 1978)
- United States v. Franklin (District Court, S.D. Indiana 1970)
- Ralph Sydnor Wright v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia (5th Cir. 1968)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
The appellant, David G. Newcombe, was sentenced in the Southern District of New York to a two-year term of imprisonment. Shortly afterward he was given two sentences in the Northern District of Georgia, each for two years to run concurrently and to commence “upon the expiration of, or legal release from, the sentence” imposed in New York. He brought an action in the district court seeking a declaratory judgment that the New York sentence and the Georgia sentences should not be aggregated in determining his eligibility for parole. From an adverse judgment he has appealed. The applicable principle has been stated in Brown v. United States, 5 Cir., 1958, 256 F.2d 151, where the factual situation cannot be distinguished from the case before us. It was there held that consecutive sentences, whether by the same or different federal courts, would be aggregated in determining whether a prisoner was eligible to be considered for parole. It follows that the judgment of the district court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.