Gilbert F. Postelwait v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas, 365 F.2d 759 (10th Cir. 1966). · Go Syfert
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Gilbert F. Postelwait v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas, 365 F.2d 759 (10th Cir. 1966). Cases Citing This Book View Copy Cite
5 citation events across 5 distinct courts.
Strongest positive: Young v. Director, U. S. Bureau of Prisons (pamd, 1967-01-13)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Young v. Director, U. S. Bureau of Prisons
M.D. Penn. · 1967 · confidence medium
“Sentence can be served only by imprisonment or by unrevoked parole.” Postelwait v. Willingham, 365 F.2d 759, 760 (10th Cir. 1966).
cited Cited "see" Harry B. Suggs v. Loren Daggett, Warden
10th Cir. · 1975 · signal: see · confidence high
See Postelwait v. Willingham, 365 F.2d 759 (10th Cir. 1966); Weathers v. Willingham, 356 F.2d 421 (10th Cir. 1966).
Retrieving the full opinion text from the archive…
Gilbert F. POSTELWAIT, Appellant,
v.
J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee
8835.
Court of Appeals for the Tenth Circuit.
Sep 12, 1966.
365 F.2d 759
1966 U.S. App. LEXIS 5014
Richmond M. Enochs, Overland Park, Kan., for appellant., Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan. (Newell A. George, U. S. Atty., and James R. Ward, Asst. U. S. Atty., on the brief), for appellee.
Pickett, Hill, Payne.
Cited by 5 opinions  |  Published
PER CURIAM.

Appellant, a prisoner in the United States Penitentiary at Leavenworth, Kansas, appeals from an order dismissing his habeas corpus petition without a hearing. The essence of his contention is that after revocation of his parole and return to prison, he was entitled to have credited against his sentence the time during which he was on parole, because he was in constructive custody of the Attorney General of the United States. This same argument was rejected by this court in Weathers v. Willingham, 356 F.2d 421. Sentence can be served only by imprisonment or by unrevoked parole.

Affirmed.