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COOK v. UNITED STATES ATTORNEY GENERAL

No. 73-1436.

488 F.2d 667 (1974)

Don B. COOK, Plaintiff-Appellee, v. UNITED STATES ATTORNEY GENERAL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 11, 1974.

Attorney(s) appearing for the Case

Roby Hadden, U. S. Atty., Tyler, Tex., Charles E. Myers, Asst. U. S. Atty., Beaumont, Tex., for defendant-appellant.

Alvin J. Bronstein, Washington, D. C., Jerry Bain, Tyler, Tex., Nancy Crisman, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, and RONEY and GEE, Circuit Judges.

BROWN, Chief Judge:

The question is, must the Parole Board grant a Morrisey1-type revocation hearing to a parolee at the commencement of a new prison sentence imposed for a crime committed while on parole where a parole violators warrant has been issued but returned unexecuted pending completion of the intervening sentence? Reversing the District Court, we hold that the revocation hearing can be postponed.

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