Ex Parte Karstendick
93 U.S. 396

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U.S. Supreme Court

Ex Parte Karstendick, 93 U.S. 396 (1876)

Ex Parte Karstendick

93 U.S. 396

Syllabus

1. Where a person convicted of an offense against the United States is sentenced to imprisonment for a term longer than one year, the court may, in its discretion, direct his confinement in a state penitentiary.

2. Imprisonment at hard labor, when prescribed by statute as part of the punishment, must be included in the sentence of the person so convicted; but, where fine and imprisonment or imprisonment alone is required, the court

is authorized, in its discretion, to order its sentence to be executed at a place where, as part of the discipline of the institution, such labor is exacted from the convicts.

3. Where a court, in passing sentence of imprisonment in the penitentiary, finds that in the district or territory where the court is holden these is no penitentiary suitable for the confinement of convicts or available therefor, such finding is conclusive, and cannot be reviewed here upon a petition for habeas corpus, and where the Attorney-General has designated a penitentiary in another state or territory, for the confinement of persons convicted by such court, it may order the execution of its sentence at the place so designated.

4. It is no objection to the validity of the order that the state has not given its consent to the use of its penitentiary as a place of confinement of a convicted offender against the laws of the United States. So long as the state suffers him to be detained by its officers in its penitentiary, he is rightfully in their custody, under a sentence lawfully passed.

Page 93 U. S. 397

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