Ballou v. Commonwealth of Massachusetts, 6892.
| Citation | 382 F.2d 292 |
| Decision Date | 18 September 1967 |
| Docket Number | No. 6892.,6892. |
| Parties | Thomas J. BALLOU, Jr., Petitioner, Appellant, v. COMMONWEALTH OF MASSACHUSETTS et al., Respondents, Appellees. |
| Court | United States Courts of Appeals. United States Court of Appeals (1st Circuit) |
Henry N. Berry, III, Cape Elizabeth, Me., on motion for appellant.
Elliot L. Richardson, Atty. Gen., and Willie J. Davis, Asst. Atty. Gen., on memorandum in opposition.
Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.
MEMORANDUM AND ORDER ON MOTION FOR BAIL
This is an application for bail by a convicted state prisoner pending appeal from a decision of the district court denying his application for a writ of habeas corpus. The first question relates to amount, and involves, specifically, petitioner's claim that we should adopt the "spirit" of the Bail Reform Act of 1966, 18 U.S.C. §§ 3146-3152. Passing the fact that the act does not, in terms, apply to collateral attacks on sentence, we note that it does not apply to state prisoners at all. We believe we should not extend its broad consideration to state prisoners because we infer that Congress failed to do so not only as a matter of comity, but for substantive practical reasons. Obviously, the federal government is better equipped to keep track of, and recover, its own defaulting prisoners on a nationwide scale than is a state. It can, accordingly, afford liberality that a state cannot. Under these circumstances we reject petitioner's contention and consider bail for this state prisoner on the same basis that we would have before the Bail Reform Act.
This does not mean that petitioner may not be bailed. Since, however, he has represented that his only interest in cash or secured bail, as distinguished from personal recognizance, is in "amount at about $1,000," and since on the facts of this particular case we would regard such amount of bail as totally inadequate, the motion is denied.
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Canfora v. Davenport
...18 U.S.C. §§ 3146-3152, applies neither to state prisoners nor to habeas corpus, a civil proceeding. See Ballou v. Commonwealth of Massachusetts, 382 F.2d 292 (1st Cir. 1967). That the power exists, however, is not to say that it should be readily exercised. Unlike a bail application pendin......
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Cherek v. U.S.
...seeking relief under 28 U.S.C. Sec. 2255, the habeas corpus substitute for federal prisoners. See Ballou v. Commonwealth of Massachusetts, 382 F.2d 292 (1st Cir.1967) (per curiam); United States v. Dansker, 561 F.2d 485 (3d Cir.1977) (en banc) (per curiam); 3A Wright, Federal Practice and P......
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Kelly v. Springett
...U.S.C. §§ 3146--3152, applies only to federal prisoners. united states ex rel. brown v. Fogel, 395 F.2d 291 (CA4 1968); Ballou v. Massachusetts, 382 F.2d 292 (CA1 1967). Appellant does not claim that the California state bail system was administered with caprice or discrimination. This cont......
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United States v. Enigwe, Criminal Action No. 92-257 (E.D. Pa. 1/14/2003), Criminal Action No. 92-257.
...689055, at *2 (citing Cherek, 767 F.2d at 337); see also United States v. Mett, 41 F.3d 1281, 1282 (9th Cir. 1994); Ballou v. Massachusetts, 382 F.2d 292 (1st Cir. 1967). Therefore, Antico and the Bail Reform Act are not the proper standard to determine defendant's eligibility for To summar......