UNITED STATES v. RUNDLE

No. 14573.

327 F.2d 495 (1964)

UNITED STATES of America ex rel. Robert H. LONG, Appellant, v. Alfred T. RUNDLE, Superintendent, State Correction Institution and Pennsylvaania Board of Parole.

United States Court of Appeals Third Circuit.

Decided February 7, 1964.


Attorney(s) appearing for the Case

Robert H. Long, pro se.

James C. Crumlish, Jr., Dist. Atty., John F. Hassett, Asst. Dist. Atty., Arlen Specter, Asst. Dist. Atty., Chief, Litigation Division, F. Emmett Fitzpatrick, Jr., First Asst. Dist. Atty., Philadelphia, Pa., for appellee.

Before McLAUGHLIN, GANEY and SMITH, Circuit Judges.


PER CURIAM.

Appellant while on parole from a Commonwealth of Pennsylvania prison sentence committed another crime for which he received a second prison sentence. The State Board of Parole directed that he serve the second sentence prior to completing the first. Appellant contends that he should have been permitted to finish out the first sentence on being recommitted.

The district court properly determined that the question presented was a matter of state...

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