Gunton v. Squier, 12614.
| Decision Date | 17 November 1950 |
| Docket Number | No. 12614.,12614. |
| Citation | 185 F.2d 470 |
| Parties | GUNTON v. SQUIER. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Edwin Andrew Gunton, in pro. per.
J. Charles Dennis, U. S. Atty., Guy A. B. Dovell, Asst. U. S. Atty., Tacoma, Wash., for appellee.
Before DENMAN, Chief Judge, POPE, Circuit Judge and CLARK, District Judge.
The record shows that Petitioner was arrested and taken into custody by the State authorities; that he was held in the Los Angeles County jail because of the State arrest; that while he was being so held the United States Attorney applied for a writ of habeas corpus ad prosequendum requiring the Sheriff of Los Angeles County, having custody of petitioner in a pending State prosecution, to bring petitioner to the United States District Court for trial, the application stating the petitioner was to be returned to the Sheriff's custody on determination of the trial and proceedings in the District Court.The writ was issued requiring appellant's production and his return to the Sheriff on the completion of the Federal proceedings.Under the terms of the writ he was brought to the United States District Court where he entered his plea of guilty to the charge of having transported a stolen motor vehicle from California to Arizona.He was sentenced by the United States District Court to serve two years in an institution to be designated by the Attorney General, and he was then returned to the Los Angeles County Sheriff.Thereafter he was taken before the State Court and sentenced to serve one year in the Los Angeles County jail on the State charge of issuing check without sufficient funds.At the conclusion of the service of the term in the County jail he was delivered to the United States Marshal and by the United States Marshal, because of the judgment and commitment issued out of the United States District Court, taken to McNeil Island to serve the two year sentence.
The matter is before this Court on appeal from an order of dismissal entered by the lower Court.
Petitioner was in the custody of the State Court at the time he appeared in Federal Court; after his plea of guilty and sentence in the United States District Courthe was returned to the custody of the State officers to await trial on the state charge, — he later pleaded guilty on the State charge and was sentenced to serve one year in the County jail.
It is the contention of the appellee that petitioner came into the custody of the United States...
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Lay v. Gill, Case No.: 1:12-cv-01250-JLT
...time is served in federal custody, it does not count as credit for time served undera federal sentence"); Gunton v. Squier, 185 F.2d 470, 471 (9th Cir. 1950)("his Federal sentence could not start to run until he was delivered to and received by the United States Marshal at the place of dete......
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McRae v. Rios
...time is served in federal custody, it does not count as credit for time served under a federal sentence"); Gunton v. Squier, 185 F.2d 470, 471 (9th Cir. 1950)("his Federal sentence could not start to run until he was delivered to and received by the United States Marshal at the place of det......
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Strand v. Schmittroth
...consent to state proceedings); Banks v. O'Grady, 8 Cir., 113 F.2d 926 (state consent to another state's proceedings); Gunton v. Squier, 9 Cir., 185 F. 2d 470; Kirk v. Squier, 9 Cir., 150 F.2d 3, certiorari denied 326 U.S. 775, 66 S. Ct. 265, 90 L.Ed. 469; Werntz v. Looney, 10 Cir., 208 F.2d......
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Reynolds v. Thomas
...that the state had primary jurisdiction over him. See, e.g., Thomas v. Brewer, 923 F.2d 1361, 1365 (9th Cir.1991); Gunton v. Squier, 185 F.2d 470, 470-71 (9th Cir.1950). Moreover, even were we to assume that a state's prosecutorial delay might result in an abdication of primary jurisdiction......