Henry E. Shields v. L. E. Daggett, Warden, 460 F.2d 1060 (8th Cir. 1972). · Go Syfert
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Henry E. Shields v. L. E. Daggett, Warden, 460 F.2d 1060 (8th Cir. 1972). Cases Citing This Book View Copy Cite
12 citation events across 6 distinct courts.
Strongest positive: Dennis H. Marks v. Jeffrey J. Clark, Warden (ca7, 1995-07-25)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Dennis H. Marks v. Jeffrey J. Clark, Warden
7th Cir. · 1995 · confidence medium
See Kendrick, 995 F.2d at 1447 ("The fact that Kendrick received credit against his foreign sentence for the entire period he was in custody in Curacao would preclude him from also receiving credit against his federal sentence for any portion of that period of time."); Shields v. Daggett, 460 F.2d 1060, 1061 (8th Cir.1972) (state prisoner on federal detainer does not receive federal credit for state pre-trial custody where that time was already credited to a state sentence) 4 Marks argues that various regulations promulgated by the Bureau of Prisons support his position because they provide cr…
discussed Cited as authority (rule) Frank E. Snyder v. William Peters M.W. Hillebrand Records Control Systems, F.C.I., Ashland, Kentucky
6th Cir. · 1989 · confidence medium
Shields v. Doggett, 460 F.2d 1060, 1061 (8th Cir.1972) (per curiam). 8 A review of the pleadings in this instance reveals a significant uncertainty as to whether Snyder was denied bail by the state authorities because of the federal detainer or whether state bail had been set but Snyder was unable to post the necessary amount. 9 Accordingly, the district court's denial of this petition for mandamus is hereby affirmed.
discussed Cited as authority (rule) Richard Earl Gipson v. Tony R. Young, Warden
6th Cir. · 1986 · confidence medium
Putt v. United States, 392 F.2d 64, 67 (5th Cir.), cert. denied, 393 U.S. 929 (1968); Bruss v. Harris, 479 F.2d 392, 394 (10th Cir. 1973); Shields v. Daggett, 460 F.2d 1060, 1061 (8th Cir. 1972); Siegel v. United States, 436 F.2d 92, 95 (2d Cir. 1970). 14 In the instant case, as an attachment to his motion for summary judgment, respondent submitted an affidavit of John Fanello, Administrative Systems Manager of the Federal Correctional Institution in Memphis, stating that the state of California granted petitioner credit for time served on his state sentence for the time he spent in federal cu…
cited Cited as authority (rule) Herbert McIntyre v. United States
8th Cir. · 1975 · confidence medium
Shields v. Daggett, 460 F.2d 1060, 1061 (8th Cir. 1972).
cited Cited "see" Roman Columbus Brown v. United States
8th Cir. · 1974 · signal: see · confidence high
See Shields v. Dagget (8th Cir., 1972), 460 F.2d 1060, 1061 . 1 The court is of the opinion that appellant’s case is within the rule set forth in Davis.
cited Cited "see, e.g." Frank Michael Kendrick v. Peter Carlson, Warden
8th Cir. · 1993 · signal: see, e.g. · confidence low
See, e.g., Shields v. Daggett, 460 F.2d 1060 (8th Cir.1972) (per curiam).
Retrieving the full opinion text from the archive…
Henry E. SHIELDS, Appellant,
v.
L. E. DAGGETT, Warden, Appellee
71-1614.
Court of Appeals for the Eighth Circuit.
May 19, 1972.
460 F.2d 1060
1972 U.S. App. LEXIS 9464
William E. Falvey, St. Paul, Minn., for appellant., Joseph M. Livermore, Asst. U. S. Atty., Robert G. Renner, U. S. Atty., Minneapolis, Minn., for appellee.
Matthes, Clark, Lay.
Cited by 12 opinions  |  Published
PER CURIAM.

This question has been here before. Should a state prisoner who is also on detainer for violation of his federal parole receive credit against his federal sentence for the time spent in pretrial state custody when the state court gave him credit in the state sentence? We have answered “no” to this question in two previous cases. Doss v. United States, 449 F.2d 1274 (8 Cir. 1971); United States ex rel. Derengowski v. United States Attorney General, 457 F.2d 812 (8 Cir., April 3, 1972). For the same reasons we answer no again.

Petitioner’s case presents no special equities. The original state burglary charge was subsequently dismissed on July 1, 1970. However, on May 6, 1971, petitioner’s arrest on that charge and his failure to appear in court prompted the revocation of his federal parole and the issuance of a warrant. On May 25, 1970, the petitioner was again arrested by Illinois authorities for theft and bribery. The federal warrant was placed as a detainer against him. Since the warrant set forth only the burglary charge which had been dismissed on July 1, 1970, the petitioner requested to have a hearing on the detainer or to have it removed. The federal parole board denied both requests. On February 19, 1971, the petitioner entered a plea of guilty to the state charges. His sentence was three years probation in addition to the time already served in jail. On March 3, 1971, the convictions for theft and bribery were added to the mandatory release violator warrant. On April 23, 1971, the parole board held a revocation hearing and in view of the fact that the petitioner had been convicted, the board ordered his mandatory release revoked.

Shields’ main contention seems to be that he was entitled to a hearing on the detainer at the time state charges were dismissed. He reasons that since he could have made bond on the theft and bribery charges but for the “invalid” detainer, he was entitled to credit on his federal sentence. We would agree under the authority of Davis v. Attorney General, 425 F.2d 238 (5 Cir. 1970), that such credit might be given, hut the reasoning of Davis is not applicable where credit for the time served has already been given on the state sentence. See Jackson v. Attorney General of United States, 447 F.2d 747 (5 Cir. 1971).

Judgment affirmed.