Holliday v. Settle

• Court: United States District Courts. 8th Circuit. Western District of Missouri
• Citation: 218 F. Supp. 738
• Docket Number: Civ. A. No. 14296-4.
• Parties: Albert Devine HOLLIDAY, Petitioner, v. Dr. R. O. SETTLE, Warden, Medical Center for Federal Prisoners, Springfield, Missouri, Respondent.
• Decision Date: 18 July 1963

218 F. Supp. 738

Albert Devine HOLLIDAY, Petitioner,
v.
Dr. R. O. SETTLE, Warden, Medical Center for Federal Prisoners, Springfield, Missouri, Respondent.

Civ. A. No. 14296-4.

United States District Court W. D. Missouri, W. D.

July 18, 1963.

218 F. Supp. 739

F. Russell Millin, U. S. Atty., by Clifford M. Spottsville, Asst. U. S. Atty., Kansas City, Mo., for respondent.

Albert Devine Holliday, pro se.

BECKER, District Judge.

In this action petitioner, an inmate of the Medical Center for Federal Prisoners at Springfield, Missouri, originally filed a petition for a writ of habeas corpus on March 13, 1963, and filed supplemental petitions on March 29, 1963, and April 4, 1963. An order to show cause was issued on April 4, 1963. Thereafter a response and a first and second supplemental response were filed. After the order to show cause was issued the petitioner submitted five additional documents to this Court supplementing those previously filed. These documents will be treated as part of the original petition for writ of habeas corpus.

From the pleadings on file herein it appears that the petitioner herein was originally sentenced in the United States District Court for the Western District of Texas on April 1, 1953, to two consecutive 5-year terms for bank robbery and attempted bank robbery. He was originally confined at the United States Penitentiary at Leavenworth, Kansas. On June 30, 1955, he was certified by the Board of Examiners to be of unsound mind and, by order of July 14, 1955, removed to the Medical Center for Federal Prisoners at Springfield, Missouri. On June 16, 1960, the Warden of the Medical Center at Springfield certified that petitioner had been restored to sanity and was considered mentally competent. On June 25, 1960, a Certificate of Mandatory Release was executed releasing petitioner in accordance with the provisions of Title 18 U.S.C.A. § 4163. Section 4164 of Title 18 U.S.C.A. provides that a prisoner having served his term less good time deductions shall upon release be treated as if released on parole, and shall be subject to all provisions of law relating to the parole of United States prisoners until the expiration of the maximum term for which he was sentenced. The conditions set forth on the reverse of petitioner's Certificate of Mandatory Release provided among other things that the petitioner was to report to Mr. W. Page White, CUSPO, Grand Rapids, Michigan, and remain within the Western District of Michigan.

On January 10, 1961, petitioner was committed to the State Hospital for Mentally Ill, Kalamazoo, Michigan, on his sister's petition.

On August 12, 1961, petitioner absented himself from the State Hospital without leave.

On September 25, 1961, a "Warrant for Retaking Prisoners Mandatorily Released Under Authority Section 4163, Title 18, U.S.C." was executed by the United States Board of Parole. On this warrant petitioner was arrested on April 25, 1962, in the Southern District of California. Petitioner was committed to the Los Angeles County Jail, and delivered to the Federal Correctional Institution at Terminal Island, California, on May 7, 1962. Then on May 9, 1962, petitioner was delivered to the United States Penitentiary at McNeil Island, Washington.

On June 7, 1962, petitioner was certified by the Board of Examiners at McNeil Island to be of unsound mind and was ordered removed to the Medical Center at Springfield, Missouri, under the provisions of Title 18 U.S.C.A. § 4241. He was received at the Medical Center on September 6, 1962, and has remained there until the present time.

In the petitions filed prior to the issuance of this Court's order to show cause, petitioner challenged the legality of his detention on the contentions (1) that he was unable to be of assistance to his counsel at his revocation hearing; (2) that he was not "rearraigned before a U. S. District Judge or a U. S. Commissioner" upon his arrest for violation of his conditional release; (3) that because he was in the State Hospital at Kalamazoo, Michigan, undergoing treatment for insanity when he absented himself, he could not be held accountable for violation of his conditional release in the manner alleged; and (4) that his conditional release was "dropped" upon his acceptance by the State either by the

218 F. Supp. 740

judge who allegedly committed him to the state institution or by his conditional release officer

In the documents received since the issuance of this Court's order to show cause, the petitioner challenges the legality of his detention on the additional contention that his maximum expiration date was March 31, 1963.

It is clear from the response to the order to...