Castillo v. United States

¶4MEDINA, Circuit Judge:

¶5Franklin Castillo appeals from an order of the United States District Court for the Southern District of New York, Mansfield, J., which denied his application to set aside a sentence imposed upon *711him as a parole violator. On April 27, 1962, appellant was convicted of violating 21 U.S.C. Sections 173, 174, and sentenced to a mandatory term of imprisonment of five years. After being given a mandatory release pursuant to 18 U.S.C. Section 4163 on October 7, 1965, appellant was arrested again on September 13, 1966 and charged by New York State authorities with possession of narcotics and a hypodermic needle. A parole violation warrant was. issued by the United States Board of Parole on October 10, 1966 but was not executed until April 28, 1967. During the interim period appellant was acquitted in a New York State court on the charge of possessing narcotics but convicted of possessing a hypodermic needle and sentenced to six months imprisonment. Following appellant’s release from a New York State prison on January 11, 1967, he, by his own admission, “travelled to all parts of the country including … Puerto Rico.” On July 12, 1967, appellant’s mandatory release was revoked and he was ordered to serve the remainder of his original five year sentence.

¶6 On this appeal appellant contends that the parole violation warrant was defective since it was not executed within a reasonable time or within the time required by 18 U.S.C. Section 4164.1 However, Judge Mansfield correctly held that the delay in execution of the warrant was reasonable, as appellant has admitted his widespread travels following his release from prison. Moreover, 18 U.S.C. Section 4164 contains no express requirement relating to the time in which a warrant must be executed. That section must be read in conjunction with 18 U.S.C. Section 4205,2 see Buchanan v. Blackwell, 372 F.2d 451 (5th Cir. 1967); Taylor v. Godwin, 284 F.2d 116 (10th Cir. 1960), cert. denied 365 U.S. 850, 81 S.Ct. 814, 5 L.Ed.2d 814 (1961), which merely requires that a warrant be issued within an appropriate time period and makes no mention of execution. See Avellino v. United States, 330 F.2d 490 (2d Cir.), cert. denied 379 U.S. 922, 85 S.Ct. 280, 13 L.Ed.2d 336 (1964). In the instant case, the warrant, issued on October 10, 1966, was valid since it was obtained prior to the expiration of both appellant’s “maximum term,” 18 U.S.C. Section 4205, and his “maximum term … less one hundred and eighty days,” 18 U.S.C. Section 4164.3

¶7Affirmed.