Godwin v. U. S. Department of Justice

197 F.2d 332, 1952 U.S. App. LEXIS 2624

Opinion

PER CURIAM.

Appellant sought release by habeas corpus from confinement under two consecutive sentences he is serving in the Federal Penitentiary at Leavenworth, Kansas. He contends that the prison authorities erred in aggregating his two sentences for the purpose of computing good time allowance and that if the sentences are separately considered for that purpose, as he contends they must he considered, he has served his time on both sentences and is entitled to release. He has appealed from a judgment denying him his release.

We have consistently held that separate sentences are considered as a single sentence, consisting of the aggregate of such sentences, for . the purpose of computing good time allowance. 1

It is conceded that if the two sentences appellant is serving are aggregated and considered as a single sentence for the compu tation of good time allowance, as they must be, he is not now entitled to release. Since that is so, this action is premature.

The judgment appealed from is, therefore, affirmed.

1 . Grant v. Hunter, 10 Cir., 166 F.2d 673; Mills v. Aderbold, 10 Cir., 110 F.2d 765.