DOLAN v. SWOPE

No. 8299.

138 F.2d 301 (1943)

DOLAN v. SWOPE, Warden, et al.

Circuit Court of Appeals, Seventh Circuit.

October 23, 1943.


Attorney(s) appearing for the Case

Ferris E. Hurd, of Chicago, Ill., for appellant.

B. Howard Caughran, U. S. Atty., and Paul A. Pfister and David F. Long, Asst. U. S. Attys., all of Indianapolis, Ind., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.


SPARKS, Circuit Judge.

This appeal is from an order denying a petition for habeas corpus. It raises the question whether requiring a prisoner, released for good conduct, who has subsequently violated a parole regulation, to serve the portion of his term that was unexpired at the time of his release, without credit for the period between his release and the parole violation, is to extend his sentence and increase his punishment in violation of the Fifth Amendment of...

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