SMITH v. UNITED STATES

No. 78-1488 Summary Calendar.

577 F.2d 1025 (1978)

Frederick Clarence SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 7, 1978.


Attorney(s) appearing for the Case

Frederick C. Smith, pro se.

William L. Harper, U. S. Atty., Curtis E. Anderson, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


RONEY, Circuit Judge:

The sole issue on this appeal concerns the relief a parolee is entitled to when the United States Parole Commission fails to conduct a final revocation hearing within 90 days of "retaking" the parolee by execution of the parole warrant, as clearly required by statute. 18 U.S.C.A. § 4214(c). Under the circumstances of this case, where no intentional violation of the statute appears, the parolee did not demand a hearing until after the 90...

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