Daniel Ray Willis v. Raymond W. Meier, Warden

Appellant, a federal prisoner, contends that 18 U.S.C.A. § 4205 , which provides that prisoners who violate their paroles serve the unexpired terms of their sentences without credit for the time on parole, subjects such prisoners to double punishment in violation of the guarantee against double jeopardy of the Fifth Amendment. Appellant is such a prisoner. The District Court ordered his petition for writ of habeas corpus dismissed. We affirm.

This Court has held that Section 4205 does not subject parole violators to double jeopardy. Canavari v. Richardson, 419 F.2d 1287 (9th Cir. 1969); Van Buskirk v. Wilkinson, 216 F.2d 735 (9th Cir. 1954).

Appellant contends that the position of this Court is patently in conflict with Jones v. Cunningham, 371 U.S. 236 , 83 S.Ct. 373 , 9 L.Ed.2d 285 (1963), and North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). Appellant’s theory is that, when he went back to prison following parole violation to finish serving the time on his original offense, he should have been given credit for the punishment already exacted (citing Pearce). While he was on parole, he was in custody (citing Cunningham). Any custody is punishment.…