Thomas v. United States
| Citation | 391 F. Supp. 202 |
| Decision Date | 25 March 1975 |
| Docket Number | Civ. A. No. 74-741. |
| Parties | William Willie THOMAS, Petitioner, v. UNITED STATES of America et al., Respondents. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
William E. Stockey, Pittsburgh, Pa., for petitioner.
Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., for respondents.
Petitioner was sentenced to a term of five years probation by this court on January 26, 1972 at Criminal Action No. 68-300.
On October 17, 1973, petitioner was arrested in Florida on warrants issued from the Western District of Pennsylvania on a charge of armed bank robbery. On October 16, 1973, a probation violation warrant, with bond set for $5,000, was issued for petitioner based on the fact that he was being sought for the armed bank robbery. Shortly after petitioner's arrest in Florida a second probation violation warrant was issued by this court based on the allegation of petitioner's violation of the condition of his probation that he would remain in the jurisdiction of this court. On November 3, 1973, petitioner was returned to the Western District of Pennsylvania and lodged in the Allegheny County Jail awaiting trial on the armed bank robbery charges. On November 6, 1973, a detainer based on a second probation violation warrant was lodged with the Warden of the Allegheny County Jail. On February 19, 1974, after trial and verdict, petitioner was convicted of the trial of armed bank robbery in this court at Criminal No. 73-310 and sentenced to a term of twenty-five years. Petitioner's conviction on the armed bank robbery charge was affirmed by the Court of Appeals on September 10, 1974, and a new warrant for probation violation based on this conviction was issued on December 4, 1974. A detainer based on this new warrant was filed at the institution where the petitioner was serving the sentence imposed under Criminal Action No. 73-310.
Because petitioner was at all times in the custody of the United States pursuant to the charges which resulted in his conviction at Criminal Action No. 73-310, and later while serving his sentence on that conviction, none of the probation violation warrants were ever executed.
On August 5, 1974, while petitioner was serving his sentence imposed at Criminal Action No. 73-310, but before the conviction was affirmed on appeal, he filed a document entitled "Motion to Vacate Sentence" which is the subject matter of the proceeding at the instant civil action number. By subsequent correspondence the petitioner explained to this court that what he intended was an attempt to have the detainers which had been lodged against him vacated because of the government's failure to conduct a hearing on the probation violation matter. On January 21, 1975 this court held a probation violation hearing in this case at which testimony was received. Petitioner alleged that this hearing was so late as to result in a denial of due process to him. Furthermore, plaintiff argued that he was prejudiced in his classification and privileges at the prison because of the pendency of a detainer against him. It was further argued that he was prejudiced by the delay in holding a prompt hearing on the probation violation matter because the pendency of the detainer against him while he was...
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...F.2d 77, 78 (5th Cir. 1975) (Per curiam ), Cert. denied, 424 U.S. 966, 96 S.Ct. 1462, 47 L.Ed.2d 733 (1976); Thomas v. United States, 391 F.Supp. 202, 204 (W.D.Pa.1975); See also Moody v. Daggett, 429 U.S. 78, 97 S.Ct. 274, 50 L.Ed.2d 236 (1976); Gerstein v. Pugh, 420 U.S. 103, 119, 95 S.Ct......
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