Lamb v. Heritage, 19677.
| Decision Date | 23 November 1962 |
| Docket Number | No. 19677.,19677. |
| Citation | 310 F.2d 71 |
| Parties | Robert G. LAMB, Jr., Appellant, v. David M. HERITAGE, Warden, United States Penitentiary, Atlanta, Georgia, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Robert G. Lamb, Jr., appellant, in pro. per.
Charles L. Goodson, U. S. Atty., Burton Brown, Asst. U. S. Atty., Atlanta, Ga., for appellee.
Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and JOHNSON, District Judge.
Appellant filed with the District Court for the Northern District of Georgia his petition for writ of habeas corpus.The petition was denied and this appeal is from that denial.
On June 20, 1956appellant was convicted in the United States District Court for the Southern District of Georgia for violating Title 18 U.S.C. § 2312.The sentence provided that service of same would commence upon the expiration of or legal release from a sentence the appellant was then serving in the North Carolina State Prison.The State sentence was to have terminated on October 3, 1957; however, appellant later received two additional sentences for escaping from custody of the State officials.On July 2, 1962, having completed his State sentences, appellant was taken into custody by the United States.
Appellant contends that his sentence imposed by the United States District Court commenced to run on October 3, 1957 — the time his original State court sentence was due to expire.
Title 18 U.S.C. § 3568 provides:
The exact contention here made by appellant was before this Court in Zerbst v. McPike, 97 F.2d 253(5 Cir., 1938).In that case, after having a Federal sentence imposed while he was in custody of the State with "no time being fixed for the commencement", McPike was returned to the State authorities.Upon the completion of his State sentence, McPike was taken into custody of the United States.When he contended the Federal sentence had commenced to run before actually being in Federal custody, this Court stated:
Harrell v. Shuttleworth, 200 F.2d 490, 5 Cir., decided by this Court in 1952, is almost factually identical to the case now presented.In that case, after Federal sentence was imposed the appellant was returned to State custody.The Federal sentence was "to begin at expiration of...
To continue reading
Request your trial
-
Dotson v. Kizziah
...are cases in this Circuit in which a state sentence, imposed after a federal sentence, was nevertheless served first. Lamb v. Heritage, 310 F.2d 71 (5th Cir. 1962); Harrell v. Shuttleworth, 200 F.2d 490 (5th Cir. 1952). In both of these cases the petitioners were serving state sentences. Su......
-
Green v. United States, 6253.
...See Taylor v. Baker, 284 F.2d 43 (C.A.10, 1960), cert. denied, 365 U.S. 814, 81 S.Ct. 695, 5 L.Ed.2d 693 (1961), and Lamb v. Heritage, 310 F.2d 71 (C.A.5, 1962), and cases Ekberg v. United States, 167 F.2d 380 (C.A.1, 1948), is not in point for in that case this court was concerned with con......
-
U.S. v. Buide-Gomez, BUIDE-GOME
...(3rd Cir.1980); United States v. Williams, 487 F.2d 215 (5th Cir.1973); Burwell v. United States, 353 F.2d 88 (5th Cir.1965); Lamb v. Heritage, 310 F.2d 71 2 (5th Another issue that the appellants raise on this appeal is based upon the language of Title 8 of the United States Code. 3 Sectio......
-
Causey v. Civiletti
...are cases in this Circuit in which a state sentence, imposed after a federal sentence, was nevertheless served first. Lamb v. Heritage, 310 F.2d 71 (5th Cir. 1962); Harrell v. Shuttleworth, 200 F.2d 490 (5th Cir. 1952). In both of these cases the petitioners were serving state sentences. Su......