Zavada v. Taylor
| Decision Date | 09 December 1960 |
| Docket Number | No. 6572.,6572. |
| Citation | 285 F.2d 66 |
| Parties | George ZAVADA, Appellant, v. J. C. TAYLOR, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee. |
| Court | U.S. Court of Appeals — Tenth Circuit |
James G. Johnston, Denver, Colo., for appellant.
Submitted on brief by appellee.
Before BRATTON, PICKETT and BREITENSTEIN, Circuit Judges.
Appellant Zavada sought habeas corpus relief on the ground that federal jurisdiction over him had been lost by his arrest on a federal parole violator's warrant and subsequent release to state authorities. The trial court discharged the writ and this appeal followed.
On March 21, 1938, Zavada was sentenced in the United States District Court for the Northern District of Ohio to a term of 25 years. On April 1, 1949, he was released on parole. Later that year he was charged with a state offense in Tennessee and on October 26, 1949, he was arrested by state authorities in Ohio. At that time there were two federal warrants outstanding against him. The first was a parole violation warrant issued October 13, 1949, and the second was a warrant charging interstate flight to avoid state prosecution.1 The Ohio officers turned him over to the United States Marshal. On October 27, 1949, he was arraigned before a United States Commissioner on the unlawful flight warrant. Subsequently he was released to the Ohio authorities and returned to Tennessee upon a waiver of extradition. On November 23, 1949, a Tennessee state court sentenced him to a five-year term.
The Parole Board directed the United States Marshal in Ohio not to serve the warrant for the parole violation and to place a detainer against Zavada with the Tennessee authorities. Upon his release from the Tennessee penitentiary on July 23, 1953, the parole violation warrant, issued on October 13, 1949, was served upon Zavada. At that time 5,101 days remained to be served on the original sentence. Zavada is not eligible for conditional release until March 18, 1962.
Zavada urges that he was in federal custody in Ohio under the parole violation warrant and that when the United States subsequently released him to the state authorities it lost jurisdiction over him. The record does not sustain his position. The parole violation warrant shows that it was issued on October 13, 1949, and served on July 23, 1953. The return is conclusive in the absence of a traverse.2 The petition for habeas corpus alleges that the arraignment before the United...
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Shelton v. United States Board of Parole, 20591
...Cir.), cert. denied, 348 U.S. 842, 75 S.Ct. 63, 99 L.Ed. 664 (1954); Sprouse v. Settle, 274 F.2d 681 (8th Cir. 1960); Zavada v. Taylor, 285 F.2d 66 (10th Cir. 1960). 5 However, since appellant was released on parole, not as a mandatory releasee, it is unnecessary to consider whether if he w......
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Small v. United States Board of Parole, 657-69.
...resumed again when state custody has terminated. Taylor v. United States Marshal, 352 F.2d 232 (10th Cir. 1965). See also Zavada v. Taylor, 285 F.2d 66 (10th Cir. 1960). Small's next contention is that he may possibly be imprisoned for a period exceeding the original sentence because of the......
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Hills v. Taylor
...CURIAM. Affirmed June 9, 1961, without written opinion, on authority of Teague v. Looney, Warden, 10 Cir., 268 F.2d 506; Zavada v. Taylor, Warden, 10 Cir., 285 F.2d 66, and Melton v. Taylor, Warden, 10 Cir., 276 F.2d ...
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