McMillan v. Parker

378 F.2d 444

Opinion

OPINION OF THE COURT

PER CURIAM.

This is an appeal from a denial of appellant’s petition for a writ of habeas corpus. Appellant was convicted of bank robbery and sentenced for a period of fifteen years on April 24, 1953. He was released on parole on March 31, 1962. He was free on parole for more than three and one-half years before he was arrested and recommitted for a parole violation. He maintains that he may not be detained beyond the original expiration date of his sentence;¹ he contends that he must be given credit for the time he was on parole.

The district court properly concluded that the parole statute, 18 U.S.C. § 4205, prohibits the diminution of the time remaining to be served by the time the prisoner was on parole and that his constitutional claim was without merit.² See Smith v. Blackwell, 367 F.2d 539 (C.A.5, 1966); Weathers v. Willingham, 356 F.2d 421 (C.A.10, 1966).

The judgment of the district court will be affirmed.

1 . There would appear to be a question of prematurity involved here, but the parties have not discussed it. The simplicity of the substantive issues renders unnecessary our consideration of that problem.

2 . The district court’s opinion has been published, 254 F.Supp. 365 (M.D.Pa., 1966).