BEAUCHAMP v. MURPHY

No. 93-2385.

37 F.3d 700 (1994)

Robert C. BEAUCHAMP, Petitioner, Appellee, v. Paul MURPHY, The Superintendent of the Old Colony Correctional Center, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided September 26, 1994.


Attorney(s) appearing for the Case

William J. Duensing, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., Boston, MA, was on brief, for appellant.

Joseph H. Zwicker with whom Massachusetts Correctional Legal Services, Boston, MA, was on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.


BOUDIN, Circuit Judge.

This appeal presents the question whether Massachusetts was constitutionally obliged, under the circumstances of this case, to give an escaped convict credit against his Massachusetts sentence for time spent in an Illinois jail resisting extradition back to Massachusetts. The district court in a habeas corpus proceeding held that the Constitution required such a credit. We disagree, and reverse.

The facts are straightforward. On February...

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