Rogoway
Rogoway v. Warden
Opinion
Lead Opinion
Garrecht, J.
Appellant Ted Rogoway was convicted of violation of the Harrison Narcotic Law, 44 Stat. 96 , 26 U.S.C.A. Int.Rev.Code, §§ 2550 et Seq., 3220 et seq., and sentenced by the District Court of the United States for the District of Oregon on February 2, 1935, and his term began on that date, to imprisonment for a term of five years and adjudged to pay a fine of $1,000 on each of the two counts of the indictment under which he was tried, the sentences to run concurrently. Subsequently, on September, 15, 1937, Rogoway was released on parole from the United States Penitentiary at Leavenworth, Kansas, and he returned to Portland, Oregon, where he reported to a probation officer. On November 20, 1939, the United States Board of Parole, 18 U.S. C.A. § 723a, under the signature of its chairman, issued its warrant, 18 U.S.C.A. § 723c, for the arrest of Rogoway, which warrant stated reliable information had been presented a member of the parole board that the paroled prisoner named therein had violated the conditions of his parole, and commanded his apprehension and arrest. Arrest of appellant was made by the United States Marshal, 18 U.S.C.A. § 718 , in Portland, Oregon, on authority of the…