Freeman Ray Stanford v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas

Tenth Circuit

Freeman Ray Stanford v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas

337 F.2d 176, 1964 U.S. App. LEXIS 4201

Court of Appeals for the Tenth Circuit·Decided October 9, 1964·No. 7783_1·Published·Cited by 4 cases

Opinion

PER CURIAM.

This appeal is from an order of the District Court for the District of Kansas denying appellant’s petition for a writ of habeas corpus as insufficient upon its face to entitle petitioner to relief. Petitioner, while serving a five-year sentence, escaped and was subsequently apprehended and sentenced to an additional consecutive sentence of two-and-one-half years for such escape. Given a mandatory release on February 13, 1963, he was returned to custody on September 5, 1963, for violation of the terms of his release, to serve 763 days of good time previously allowed on the aggregated sentences. Asserting that at such time he had completely served his original five-year sentence, he contends that the application of aggregated sentences under 18 U.S.C. § 4161 and the forfeiture of good time under 18 U.S.C. § 4165 are invalidly imposed. This court has consistently held *177 otherwise. Downey v. Taylor, Warden, 10 Cir., 327 F.2d 660, and cases therein cited; Hoover v. Taylor, Warden, 10 Cir., 334 F.2d 281.

The judgment is affirmed.

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PER CURIAM.

This appeal is from an order of the District Court for the District of Kansas denying appellant’s petition for a writ of habeas corpus as insufficient upon its face to entitle petitioner to relief. Petitioner, while serving a five-year sentence, escaped and was subsequently apprehended and sentenced to an additional consecutive sentence of two-and-one-half years for such escape. Given a mandatory release on February 13, 1963, he was returned to custody on September 5, 1963, for violation of the terms of his release, to serve 763 days of good time previously allowed on the aggregated sentences. Asserting that at such time he had completely served his original five-year sentence, he contends that the application of aggregated sentences under 18 U.S.C. § 4161 and the forfeiture of good time under 18 U.S.C. § 4165 are invalidly imposed. This court has consistently held *177 otherwise. Downey v. Taylor, Warden, 10 Cir., 327 F.2d 660, and cases therein cited; Hoover v. Taylor, Warden, 10 Cir., 334 F.2d 281.

The judgment is affirmed.

Freeman Ray Stanford v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas, 337 F.2d 176, 1964 U.S. App. LEXIS 4201 (10th Cir. 1964).

Pincite

337 F.2d 176 (Freeman Ray Stanford v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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