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· 1/19/1991

Kevin L. Barden v. Patrick Keohane, Warden

Citations

  • 921 F.2d 476

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the court retains jurisdiction over a habeas petition despite the petitioner’s transfer when there was no application for transfer pursuant to Rule 23(a)
  • holding that a §2241 petition must be presented to the district court in the United States District where the petitioner is incarcerated
  • concluding that a federal sentence may commence for a defendant who is already in state custody if the BOP or Attorney General designate a state facility for service of the federal sentence
  • holding that “in the absence of an application for transfer pursuant to Rule 23(a), jurisdiction is retained and [the originally named respondent] remains the respondent” notwithstanding the transfer of the petition to a different jurisdiction
  • noting that \jurisdiction over a petition for a writ of habeas corpus is determined when the petition was filed\
  • noting that the statute wisely requires the BOP to solicit the views of the sentencing judge whenever possible

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Hutchinson, Nygaard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.