Harry Lawrence Barr v. J. J. Parker, Warden, United States Penitentiary

Petitioner, an inmate at McNeil Island Penitentiary, filed an application for a writ of habeas corpus on the ground that the United States Board of Parole erroneously revoked his parole. We affirm the District Court’s denial of his application.

On March 25, 1969, petitioner secured a mandatory release from his four-year federal prison term. Pursuant to 18 U. S.C. § 4164, a prisoner so released shall “be deemed as if released on parole until the expiration of the maximum term or terms for which he was sentenced less one hundred and eighty days.” In petitioner’s case he was therefore subject to parole supervision until October 25, 1969.

Prior to his release, the State of Nevada had placed a detainer on petitioner to require him to return to that state to face trial on a forgery charge. On June 1, 1969, he posted bail on the Nevada charge and went to Los Angeles to await trial. Twenty-five days later petitioner was arrested for receiving stolen property. Based upon this arrest, the United States Board of Parole issued a warrant on August 20, 1969, charging him with a parole violation. A detainer was placed on petitioner at the Los An-geles County Jail on November 10, 1970, and he…