Opinion

O'Neal v. Fleming, Superintendent of District of Columbia Workhouse

  • 201 F.2d 665
  • 1953 U.S. App. LEXIS 2339
Court
Court of Appeals for the Fourth Circuit
Filed
Jan 23, 1953
Status
Published
On the bench
Parker, Dobie, Webb
Cited by
10 cases
Authority
More cited than 82.6%

The opinion

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Appellant had been convicted of crime in the District Court for the District of Columbia and had been granted conditional release under the “good time” provisions of the statute relating to imprisonment. Following charges of intoxication and larceny, a warrant had been issued for his arrest as a parole violator and he had been imprisoned to serve the remainder of his sentence. His contention here is' that this imprisonment is unlawful because, as he contends, the provision of the Code, 18 U.S. C. § 4164, as amended, is unconstitutional in that it permits the Parole Board to deprive a prisoner of “good time”, or reduction of the sentence of imprisonment, which he has earned by good behavior. There is no merit in this contention. See United States ex rel. Rowe v. Nicholson, 4 Cir., 78 F.2d 468 ; United States ex rel. Nicholson v. Dillard, 4 Cir., 102 F.2d 94 .

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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