Opinion

Stilwell v. United States Marshals of Baltimore, Md.

  • 192 F.2d 853
  • 1951 U.S. App. LEXIS 2801
Court
Court of Appeals for the Fourth Circuit
Filed
Nov 27, 1951
Status
Published
On the bench
Parker, Soper, Chesnut
Cited by
4 cases
Authority
More cited than 98.9%

The opinion

PER CURIAM.

This is an appeal from an order denying a writ of habeas corpus. Appellant was convicted of crime and sentenced to a term of imprisonment in the District of Columbia. He was conditionally released before the expiration of his term by virtue of being entitled to a good time allowance as provided by statute. 18 U.S.C. § 4161 . While subject to the conditions of this “good time” release, he was found guilty of violation of law in the State of Maryland and the conditional release was revoked by the Parole Board on that ground and he was confined in the United States Reformatory at Lorton, Virginia, to serve the remainder of his sentence. On June 20, 1951, he filed a petition for. a writ of habeas corpus, which was denied by the District Judge on the authority of Gould v. Sanford, 5 Cir. 167 F.2d 877 . On July 12 he filed another petition for the writ, which was denied on the ground that the. second petition presented no new ground not presented and determined upon the former petition. The only new ground suggested by appellant is that he named as respondents in his last petition certain persons not named in the first. This does not, of course, present any additional ground for release and the petition was properly denied under the provisions of 28 U.S.C. § 2244 . In addition to this, it is perfectly clear that both petitions were entirely without merit. See Bragg v. Huff, 4 Cir., 118 F.2d 1006 ; Hall v. Welch, 4 Cir., 185 F.2d 525 .

Affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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