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AVELLINO v. UNITED STATES

No. 321, Docket 28545.

330 F.2d 490 (1964)

Anthony Richard AVELLINO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided April 15, 1964.

Attorney(s) appearing for the Case

Charles Haydon, New York City (Dublirer & Haydon, New York City, on the brief), for appellant.

Raymond B. Grunewald, Asst. U. S. Atty., Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., on the brief), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge.

The question for decision is whether the United States Board of Parole warrant was valid within the meaning of 18 U.S.C. § 4205, in view of the fact that the warrant was not executed until after the parolee's original sentence had expired. We find there was compliance as the delay in executing the warrant was reasonable. Accordingly, we affirm the order of the district court which dismissed Avellino's petition for habeas corpus.

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