was forwarded to the United States Marshal in the District of New Jersey and by him lodged as a detainer with the State authorities. Petitioner was, in the course of the State proceedings, released on bail by the State authorities. On July 27, 1950, the United States Probation Officer in New Jersey advised the Parole Board that periodic checks were being made to locate petitioner and that neither the Federal Bureau of Investigation nor the 'Prosecutor's Detectives of Hudson County,' New Jersey, had been able to ascertain his whereabouts, and that the prosecutor of Hudson County, New Jersey, had been in touch with the bonding company and efforts were still being made to locate him. On October 11, 1950, the United States Marshal of the New Jersey District advised the United States Marshal at Brooklyn, New York, that the Federal Bureau of Investigation had informed him that the petitioner was in Queens County Prison in the State of New York on charges by the authorities of that State and requested the filing of a letter as a detainer until the original warrant could be obtained from the State of New Jersey and formally lodged. This original warrant was subsequently placed with the New York State authorities as a detainer. Petitioner was convicted and served a sentence on the New York State charges and upon his release on June 23, 1953, the parole warrant was served upon him and he was returned to the United States Penitentiary at Lewisburg, Pennsylvania.
On these facts, petitioner now contends that the Parole Board was without authority to execute this warrant and compel him to serve the balance of his term, because of the time which had elapsed.
While it would be immaterial if the Parole Board had not served the warrant as soon as it might,
no such situation exists here. State proceedings were pending against him, or he was serving time under State sentences, during the entire intervening period.
In fact, it is possible had the State of New Jersey insisted upon his being returned to them, that the execution of the warrant might have been further delayed. It is now well settled that the execution of a parole violation warrant may be delayed until after the parolee is released by State authorities or until after he was completed service of an intervening sentence of a Federal Court.
The petition is wholly without merit and must be dismissed.