HAROLD G. HOOVER, APPELLANT,
v.
J. C. TAYLOR, WARDEN, UNITED STATES PENITENTIARY, LEAVENWORTH, KANSAS, ET AL., APPELLEE
PER CURIAM.
This is an appeal from an order denying petitioner’s application for a writ of habeas corpus. After conviction upon two counts of Dyer Act violation petitioner was sentenced to consecutive terms of five and three years. With 1056 days yet unserved upon an aggregate eight-year senténce, petitioner was released upon mandatory release. After a brief period of liberty, petitioner violated the terms of his release and was returned to restraint and transferred to the United States Penitentiary, Leavenworth, Kansas. His good-time allowance was revoked in its entirety.
Although conceding that allowance for good time should be computed upon the aggregate of consecutive sentences, 18 U.S.C.A. § 4161, petitioner asserts that the burden of forfeited good time, 18 U.S.C.A. § 4165, cannot be similarly imposed and that where, as here, one of several consecutive sentences has been completely served in time before forfeiture the sentence can no longer be considered in the aggregate for such' purpose. We find no merit to the contention and hold that the consecutive sentences should be aggregated both for computation of good time and for its forfeiture. Grant v. Hunter, 10 Cir., 166 F. 2d 673; Gibson v. Looney, 10 Cir., 258 F. 2d 879; United States ex rel. Klein v. Kenton, 2 Cir., 327 F. 2d 229.
The appeal being otherwise without merit, the judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Freeman Ray Stanford v. Taylor, 337 F.2d 176 (10th Cir. 1964)
-
United States v. Franklin, 440 F.2d 1210 (7th Cir. 1971)
-
Robinson v. McCUNE, 536 F.2d 1340 (10th Cir. 1976)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Grant v. Hunter, 166 F.2d 673 (10th Cir. 1948)
- Gibson v. Looney, 258 F.2d 879 (10th Cir. 1958)
- United States ex rel. Irving Mayor Klein v. Kenton, 327 F.2d 229 (2d Cir. 1964)