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Teramine v. Shuttleworth

Circuit Court of Appeals, Sixth Circuit
Oct 17, 1945
151 F.2d 602 (6th Cir. 1945)

Opinion

No. 10033.

October 17, 1945.

Appeal from the District Court of the United States for the Eastern District of Michigan; Ernest A. O'Brien, Judge.

Habeas corpus proceeding by Anthony Teramine against C.J. Shuttleworth, Warden. From an order dismissing the petition, the petitioner appeals.

Affirmed.

James V. Bellanca and Donald F. Welday, both of Detroit, Mich., for appellant.

John C. Lehr, U.S. Atty., and Vincent Fordell, Asst. U.S. Atty., both of Detroit, Mich., for appellee.

Before ALLEN and MARTIN, Circuit Judges, and FORD, District Judge.


This case came on to be heard upon the record and briefs and oral argument of counsel;

And it appearing that the appellant is in confinement at the Federal Correctional Institution at Milan, Michigan, by virtue of a valid sentence of imprisonment in a penitentiary for the term of two years beginning on the date on which he was received at the penitentiary for service of such sentence;

And it appearing that this sentence, imposed May 25, 1942, was to run consecutively with a previous sentence imposed November 20, 1934:

And it appearing that the sentence under the prior conviction was not fully executed until November 9, 1944:

It is ordered that the order dismissing the petition for writ of habeas corpus be, and it hereby is, affirmed. Cf. Tippit v. Squier, 9 Cir., 145 F.2d 211.


Summaries of

Teramine v. Shuttleworth

Circuit Court of Appeals, Sixth Circuit
Oct 17, 1945
151 F.2d 602 (6th Cir. 1945)
Case details for

Teramine v. Shuttleworth

Case Details

Full title:TERAMINE v. SHUTTLEWORTH, Warden

Court:Circuit Court of Appeals, Sixth Circuit

Date published: Oct 17, 1945

Citations

151 F.2d 602 (6th Cir. 1945)