Morneau v. United States Board of Parole, 15481.
| Decision Date | 04 June 1956 |
| Docket Number | No. 15481.,15481. |
| Citation | 231 F.2d 829 |
| Parties | Walter MORNEAU, Appellant, v. UNITED STATES BOARD OF PAROLE, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Walter Morneau filed brief pro se.
Roy L. Stephenson, U. S. Atty., and Robert J. Spayde and John C. Stevens, Asst. U. S. Attys., Des Moines, Iowa, filed brief for appellee.
Before SANBORN, JOHNSEN and VOGEL, Circuit Judges.
Writ of Certiorari Denied June 4, 1956. See 76 S.Ct. 1037.
Walter Morneau on September 16, 1955, while a prisoner in the Iowa State Penitentiary under sentence of a State court of Iowa, filed a petition in the United States District Court for the Southern District of Iowa for a writ of habeas corpus to test the validity of a detainer placed against him by the United States Marshal on February 5, 1953. The detainer was based upon a conditional release violator's warrant issued by a member of the United States Board of Parole on November 24, 1952. The District Court denied the petition for a writ, and Morneau has appealed. There are obvious procedural defects in the proceeding brought by Morneau, but, since the appellee makes no point of them, we shall make none.
The facts were not in dispute. On October 27, 1939, in the United States District Court for the District of Minnesota, Morneau was convicted upon his plea of guilty to an indictment charging him with entering a bank with intent to commit larceny, in violation of what is now § 2113, Title 18, U.S.C., and was sentenced to eighteen years imprisonment. Morneau on November 29, 1950, being entitled to credit for 2100 statutory good time days and 325 industrial good time days, signed a Certificate of Conditional Release which provided that he would be subject to the conditions of the release until October 26, 1957. The Certificate was signed on behalf of the United States Board of Parole on February 5, 1951, and Morneau was conditionally released on March 7, 1951. The Certificate stated that the law provided that he should be treated as though released on parole and should be subject to all provisions of law relating to the parole of United States prisoners.
On or about November 3, 1952, Morneau was arrested in Iowa by State authorities for the State offense of carrying concealed weapons, and, upon his plea of guilty, was, on January 26, 1953, sentenced by an Iowa court to not exceeding five years imprisonment in the Iowa State Penitentiary. On November 24, 1952, a member of the United States Board of Parole issued a parole violator's warrant for the retaking of Morneau. The United States Marshal placed a detainer against him at the Iowa Penitentiary, and on December 7, 1955, executed the warrant by arresting Morneau and committing him to the United States Penitentiary at Leavenworth, Kansas, where he is now confined.
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