U.S. Court of Appeals for the Ninth Circuit, 1971

Yancy Douglas Hardy v. United States Board of Parole

U.S. Court of Appeals for the Ninth Circuit · Decided May 28, 1971 · Jertberg, Ely, Kil-Kenny

443 F.2d 402; 1971 U.S. App. LEXIS 9948 (Federal Reporter, Second Series)

Counsel

Donald S. Chisum (argued), University of Washington School of Law, Seattle, Wash., for appellant., William H. Rubidge (argued), Charles W. Billinghurst, Asst. U. S. Attys., Stan Pitkin, U. S. Atty., Seattle, Wash., for appellees.

Cases that cite this one

9 later published cases cite this decision.

Anthony Del Guzzi v. United States of America U.S. Parole Commission United States Marshal U.S. Attorney General (9th Cir. 1992)
Meagher v. Clark (11th Cir. 1991)
Meagher v. Clark (11th Cir. 1991)
Meagher v. Dugger (United States District Court for the Southern District of Florida 1990)
Youngworth v. United States Parole Commission (District Court, W.D. North Carolina 1990)
Williams v. State (Iowa 1979)
United States v. Donald C. Graham (9th Cir. 1976)
Lionel v. Day (United States District Court, Oklahoma Western 1976)
Willie J. Dobine v. United States Attorney General (5th Cir. 1972)

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

PER CURIAM:

Appellant, under sentences of imprisonment for violations of state and federal law, wants credit on his federal sentence for the time he served in state prison. He bases his contention on the fact that the sentence by the state court was made to run concurrently with the sentence he was then serving.

It is fundamental that appellant’s federal sentence did not begin to run until appellant, a parole violator, was returned to federal prison for the service of the balance of his sentence. 1 Zerbst v. Kidwell, 304 U.S. 359, 58 S.Ct. 872, 82 L.Ed. 1399 (1938); Clark v. Blackwell, 374 F. 2d 952 (5th Cir. 1967); Hash v. Henderson, 385 F.2d 475 (8th Cir. 1967). The cases cited by appellant do not support his contention.'

Judgment affirmed.

. 18 U.S.C. § 3568.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.