Godwin v. U. S. Department of Justice
This text of 197 F.2d 332 (Godwin v. U. S. Department of Justice) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 *333 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.
. Grant v. Hunter, 10 Cir., 166 F.2d 673; Mills v. Aderbold, 10 Cir., 110 F.2d 765.
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197 F.2d 332, 1952 U.S. App. LEXIS 2624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godwin-v-u-s-department-of-justice-ca10-1952.