Hunter v. Martin, 334 U.S. 302 (1948)

Hunter v. Martin


No. 643


Argued April 22, 1948
Decided May 24, 1948
334 U.S. 302

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE TENTH CIRCUIT

Syllabus

A state prisoner sentenced by a federal court to imprisonment for ten years beginning "at the expiration of the sentence now being served" in the state prison, who is paroled from the state prison before expiration of the state sentence and surrendered by state authorities to federal custody, must begin serving his federal sentence immediately, and is not entitled to temporary freedom pending expiration of the full term of the state sentence. Pp. 302-304.

165 F.2d 215, reversed.

In a habeas corpus proceeding, a district court discharged the writ and remanded a federal prisoner to custody. The circuit court of appeals reversed without opinion. 165 F.2d 215. This Court granted certiorari. 333 U.S. 854. Reversed, p. 304.