(Download) "Cox v. Feldkamp" by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Cox v. Feldkamp
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 04, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This appeal is taken from an order of the district court denying the petition of a federal prisoner to void a parole violator
warrant which has been lodged against him. Charles Layton Cox was released on parole from the federal penitentiary at Terre Haute, Indiana, on October 3, 1966, with
854 days remaining to be served on a five-year sentence. On November 17, 1967, appellant was arrested for robbing a bank by
state officials in Milwaukee, Wisconsin and turned over to federal authorities. On November 21, 1967, the United States Board
of Parole issued a parole violator warrant. On December 13, 1968, appellant was convicted in the United States District Court
for the Eastern District of Wisconsin, of bank robbery in violation of Title 18, U.S.C., Section 2113(d), and was sentenced
to 24 years imprisonment. He received credit for 391 days dating from his incarceration on November 17, 1967. The parole violator
warrant was returned unexecuted to the parole board on February 19, 1969, to be executed upon appellant's release from the
sentence he is now serving. Appellant filed a petition in the court below to void this warrant because he was not advised
of its existence until November 13, 1969, and is being denied his right to a speedy trial. It appears that Cox was not sooner
advised of the existence of the parole violator warrant because it had been returned unserved by Wisconsin authorities to
the U.S. Board of Parole, and was not lodged in the U.S. Penitentiary in Atlanta, Georgia, until November 3, 1969.