603 F.2d 722 - Smith v. United States — 603 F.2d 722

How this case has been cited

Cited by 5 later decisions — most recently September 1990

3 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *723Nathaniel Errol Smith, pro se.

¶2Robert D. Kingsland, U. S. Atty., and Mark A. Heifers, Asst. U. S. Atty., St. Louis, Mo., filing brief, for appellee.

¶3Before LAY, BRIGHT and HENLEY, Circuit Judges.

¶4PER CURIAM.

¶5Nathaniel Errol Smith, proceeding pro se,1 appeals from dismissal of his post-conviction petition brought under 28 U.S.C. § 2255. We review his contentions seriatim.

¶6On appeal Smith contends the transfer of jurisdiction over his probation from the Western District of Louisiana to the Eastern District of Missouri was improper because he did not consent to the transfer. The transfer was accomplished pursuant to 18 U.S.C. § 3653. The decision to transfer jurisdiction is within the sound discretion of the transferor court and requires only the concurrence of the transferee court. Id.

¶7Smith also asserts his probation was revoked on insufficient grounds. He did not contest revocation on a warrant charging: (1) loss of contact and failure to report; (2) admission to possession of a firearm; and (3) being a fugitive from local police authorities on a homicide charge. These are not merely technical violations; we find no abuse of discretion in the revocation of his probation.

¶8Smith further asserts the sentencing court failed to give him credit for “street time.” There is no support for this contention. See United States v. Shead, 568 F.2d 678 (10th Cir. 1978); Holder v. United States, 546 F.2d 616 (5th Cir. 1977); Hall v. Bostic, 529 F.2d 990 (4th Cir. 1975), cert. denied, 425 U.S. 954, 96 S.Ct. 1733, 48 L.Ed.2d 199 (1976).2

¶9Accordingly, we affirm the judgment below.