United States First Circuit

District court's order dismissing plaintiff's habeas corpus petition is affirmed where: 1) the time at liberty doctrine cannot be applied to adjust plaintiff's sentence for time spent erroneously at liberty as his mistaken release occurred only because plaintiff earlier escaped from custody, causing the need to process him again; and 2) the Bureau of Prisons did not err in determining that his sentences were to run consecutively.

Appellate Information

• Decided 02/27/2009
• Published 02/27/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Timothy G. Watkins, Federal Defender Office, for appellant.


• For Appellees:
  
• Anton P. Giedt, Assistant U.S. Attorney, with whom Michael J. Sullivan, U.S. Attorney, was on brief for appellee.