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SEXTON v. WISE

No. 73-1460.

494 F.2d 1176 (1974)

Edward SEXTON, Petitioner-Appellee, v. Jack H. WISE, Warden, Federal Correctional Institute, and United States of America, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

May 30, 1974.

Attorney(s) appearing for the Case

Frank D. McCown, U. S. Atty., Ft. Worth, Tex., William F. Sanderson, Jr., Asst. U. S. Atty., Dallas, Tex., for respondents-appellants.

James A. Johnston, Dallas, Tex., for petitioner-appellee.

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

JOHN R. BROWN, Chief Judge:

This appeal presents the question of whether prison officials must provide notice and a hearing to a prisoner, granted a future date for parole but not yet at liberty, whose parole was summarily rescinded. The District Court held an evidentiary hearing and ordered that Sexton's writ of habeas corpus be granted, unless within 60 days the Youth Correction Division of the Board of Parole provide a hearing with due process as outlined in Morrisey...

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