Hardy v. United States Board of Parole, 26552.
| Decision Date | 28 May 1971 |
| Docket Number | No. 26552.,26552. |
| Citation | 443 F.2d 402 |
| Parties | Yancy Douglas HARDY, Appellant, v. UNITED STATES BOARD OF PAROLE et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
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.
Before JERTBERG, ELY and KILKENNY, Circuit Judges.
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.
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...serving the first state sentence. The Court believes 18 U.S.C. § 3568 is applicable to this case. See Hardy v. United States Board of Parole, 443 F.2d 402 (9th Cir.1971). In that case, the court held that it was irrelevant that a state sentence was to run concurrent to a federal sentence. I......
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