Roy Mussilinio Meadows v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia, 433 F.2d 1298 (5th Cir. 1970). · Go Syfert
Search
Roy Mussilinio Meadows v. Olin G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia, 433 F.2d 1298 (5th Cir. 1970). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case · …had it not been for the intervention of the dyer act sentence, the commencement of service of the remainder of his earlier sentence would have been advanced. ✓
34 citation events (11 in the last 25 years) across 18 distinct courts.
Strongest positive: State v. Gall (ohioctapp, 2016-04-29)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Gall (2×)
Ohio Ct. App. · 2016 · confidence medium
Id. at 1395. {¶ 59} Regardless of the “in connection with” language of 18 U.S.C. § 3568 , the Sancinella court went on to note that “even if the offenses are technically unrelated, credit is allowed on a subsequent sentence for time served on invalid sentence when service of -24- that previous term delayed commencement of the subsequent sentence.” (Emphasis added.) Id., citing (among others) Johnson, supra, and Meadows v. Blackwell, 433 F.2d 1298, 1299 (5th Cir.1970).
discussed Cited as authority (rule) Commonwealth v. Holmes
Mass. App. Ct. · 2013 · confidence medium
For instance, the majority cites and discusses, ante at 743-744 & nn. 14-15, the following cases: Tucker v. Peyton, 357 F.2d 115, 116-117 (4th Cir. 1966); Meadows v. Blackwell, 433 F.2d 1298, 1299 (5th Cir. 1970); Goodwin v. Page, 418 F.2d 867, 868 (10th Cir. 1969); Vellucci v. Cochran, 138 So. 2d 510, 511-512 (Fla. 1962); Jackson v. Jones, 254 Ga. 127, 128 (1985); Calvin v. Missouri Dept. of Corrections, 277 S.W.3d 282, 283 (Mo. App. 2009); State v. Smith, 267 N.C. 755, 756 (1966).
cited Cited "see" Manning v. Superintendent, Massachusetts Correctional Institution
Mass. · 1977 · signal: see · confidence high
See Meadows v. Blackwell, 433 F.2d 1298, 1299 (5th Cir. 1970); Tucker v. Peyton, 357 F.2d 115,118 (4th Cir. 1966); Sancinella v. Henderson, 380 F. Supp. 1393 (N.D.
cited Cited "see" Floyd v. State
Okla. Crim. App. · 1975 · signal: see · confidence high
See, Miller, supra, and Meadows v. Blackwell, 433 F.2d 1298 (Sth Cir. 1970).
cited Cited "see, e.g." Walters v. State
Alaska Ct. App. · 1990 · signal: see also · confidence low
See also Meadows v. Blackwell, 433 F.2d 1298 (5th Cir. 1970); Blake v. New York State Department of Correction, 70 Misc.2d 671 , 334 N.Y.S.2d 467 (1972).
Retrieving the full opinion text from the archive…
Roy Mussilinio MEADOWS, Petitioner-Appellant,
v.
Olin G. BLACKWELL, Warden, United States Penitentiary, Atlanta, Georgia, Respondent-Appellee
30207_1.
Court of Appeals for the Fifth Circuit.
Nov 11, 1970.
433 F.2d 1298
1970 U.S. App. LEXIS 6482
Roy M. Meadows, pro se., John W. Stokes, Jr., U. S. Atty., Allen I. Hirsch, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.
Gewin, Goldberg, Dyer.
Cited by 21 opinions  |  Published
PER CURIAM:

This appeal is taken from an order of the district court denying the petition of a federal convict for the writ of habeas corpus. We reverse. [1]

Appellant, while on parole from the United States Penitentiary at Lewis-burg, Pennsylvania, was arrested in the Southern District of Georgia on charges of interstate transportation of a stolen motor vehicle, 18 U.S.C. § 2312. A pa[*1299] role violator warrant was issued but not executed. Appellant remained in custody on the Dyer Act charges from March 5, 1968 until October 16, 1968, when he was tried and convicted.

On August 1,1969, this Court reversed the conviction and remanded for a new trial. United States v. Meadows, 5th Cir. 1969, 412 F.2d 860. Subsequently the charges were dismissed.

On August 1, 1969, the same day the Dyer Act conviction was reversed, the outstanding parole violator warrant was executed and appellant commenced to serve the 665 days remaining on his prior sentence.

In his habeas petition appellant contends that he should receive credit for the 665 days remaining on his earlier sentence for the time spent in custody on the invalidated Dyer Act conviction.

It is clear to this Court that appellant is entitled to the relief sought. Had it not been for the intervention of the invalid Dyer Act sentence, the commencement of service of the remainder of his earlier sentence would have been advanced. See Goodwin v. Page, 10th Cir. 1969, 418 F.2d 867; Jenkins v. United States, 10th Cir. 1968, 389 F.2d 765; Tucker v. Peyton, 4th Cir. 1966, 357 F.2d 115; United States v. Maroney, M.D.Penn.1967, 264 F.Supp. 684. It is un necessary for us to determine whether the appellant should be credited with jail time from March 5, 1968, the date of his arrest, or from October 16, 1968, the date of the invalid conviction, since he is entitled to immediate unconditional release in either case.

We do not intend that this opinion be interpreted as standing for the principle that prisoners may “bank” time. Rather, we intend that it be restricted to eases strictly within the factual situation here involved, i. e. time served on an invalid sentence at a time when a presently existing sentence could have been served.

The judgment below is reversed.

1

. It is appropriate to dispose of this pro se case summarily, pursuant to this Court’s local Rule 9(c) (2), appellant having failed to file a brief within the time fixed by Rule 31, Federal Rules of Appellate Procedure. Kimbrough v. Beto, Director, 5th Cir. 1969, 412 F.2d 981.