Troyan v. United States Government

Decision Date21 August 1964
Docket NumberNo. T-3559.,T-3559.
Citation240 F. Supp. 383
PartiesGeorge Joseph TROYAN, Petitioner, v. The UNITED STATES GOVERNMENT, the State of Ohio Bureau of Paroles, Respondents.
CourtU.S. District Court — District of Kansas

Arthur E. Palmer, (appointed), Topeka, Kan., for plaintiff.

Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., for defendant.

TEMPLAR, District Judge.

On May 12, 1964 the petitioner filed a Motion-Application for Writ of Restrainment in which he contended the defendants should be restrained for the following reasons:

(1) That the State of Ohio, with consent and knowledge, turned him over to the United States Government for prosecution and therefore forfeited all future rights to custody of plaintiff;

(2) That an Ohio detainer has been illegally placed with the United States Penitentiary at Leavenworth, Kansas and that detainer is void and the Ohio State Board of Parole and the Government should be enjoined from taking any further action and specifically the petitioner requests an order stating that he cannot be removed from the State of Kansas by means of parole, mandatory release, Governor's warrant, or by any other means by the State of Ohio, now or forever, and that any action by the State of Ohio along these lines of attempting to return him or that may lead to his return to the State of Ohio would be considered in law an attempt to kidnap petitioner by the State of Ohio.

After hearing on June 23, 1964 on the petitioner's contention, the Court granted the parties 30 days in which to file proposed findings of fact and conclusions of law. Now, the Court, after due examination of the file, makes the following findings of fact and conclusions of law:

FINDINGS OF FACT

(1) In June, 1958, petitioner was sentenced by the State of Ohio to a period of from one to twenty years, and was paroled on July 6, 1961 for a term of one year.

(2) On April 26, 1962, petitioner was arrested in San Antonio, Texas, charged with being a fugitive from justice.

(3) On July 5, 1962, this plaintiff, George Joseph Troyan, a/k/a George Joseph Trojanowsky, was sentenced to ten years after his conviction on a plea of guilty in the United States District Court for the Western District of Texas for interstate transportation of forged securities.

(4) While serving this sentence in the United States Penitentiary at Leavenworth, Kansas, the State of Ohio filed a detainer requesting that the warden notify the proper Ohio authorities at least 60 days prior to his (Troyan'...

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6 cases
  • Estep v. State
    • United States
    • Court of Special Appeals of Maryland
    • January 20, 1972
    ...v. Scott, D.C., 10 F.2d 156, affirmed, 2 cir., 10 F.2d 690, cert. denied, 270 U.S. 657, 46 S.Ct. 354, 70 L.Ed. 784; Troyan v. United States Government, D.C., 240 F.Supp. 383. Even in the absence of statute, the Attorney General has the authority to transfer a Federal prisoner to a State cou......
  • Thomas v. Levi
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • November 15, 1976
    ...cert. denied, 397 U.S. 963, 90 S.Ct. 996, 25 L.Ed.2d 255 (1970); Little v. Swenson, supra, 282 F.Supp. at 336-37; Troyan v. United States, 240 F.Supp. 383, 384 (D.Kan.1964), but these cases were decided before the expansion of prisoners due process rights hailed by Morrissey and its ...
  • Lawrence v. Blackwell
    • United States
    • U.S. District Court — Northern District of Georgia
    • March 31, 1969
    ...trial on state charges, and therefore could not remove any detainer lodged in furtherance of the state charge. Troyan v. United States Government, 240 F.Supp. 383 (D.Kan., 1964); United States ex rel. Masucci v. Follette, 272 F.Supp. 563 (S.D.N.Y., 1967); Gregory v. Page, 289 F.Supp. 316 (E......
  • Gregory v. Page
    • United States
    • U.S. District Court — Eastern District of Oklahoma
    • August 16, 1968
    ...v. United States, 350 F.2d 313 (Tenth Cir. 1965); Booker v. State of Arkansas, 380 F.2d 240 (Eighth Cir. 1967); Troyan v. United States Government, 240 F.Supp. 383 (D.C.Kan.1964); United States ex rel. Masucci v. Follette, 272 F.Supp. 563 4 Hall v. Looney, supra, note 1. 5 United States ex ......
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