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U.S. Court of Appeals for the Fourth Circuit, 1953

O'Neal v. Fleming, Superintendent of District of Columbia Workhouse

O'Neal v. Fleming, Superintendent of District of Columbia Workhouse
U.S. Court of Appeals for the Fourth Circuit · Decided January 23, 1953 · Parker, Dobie, Webb
201 F.2d 665; 1953 U.S. App. LEXIS 2339 (Federal Reporter, Second Series)

Counsel

Harold C. O’Neal, pro se., William P. Woolls, Jr.,' Sp. Asst, to U. S. Atty., Alexandria, Va. (A. Carter Whitehead, U. S. Atty., Richmond, Va., on brief), for appellee.

O'Neal v. Fleming, Superintendent of District of Columbia Workhouse

Cases that cite this one

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Opinion

PER CURIAM.

This is an appeal from an order denying a petition for a writ of habeas corpus. Appellant had been convicted of crime in the District Court for the District of Columbia and had been granted conditional release under the “good time” provisions of the statute relating to imprisonment. Following charges of intoxication and larceny, a warrant had been issued for his arrest as a parole violator and he had been imprisoned to serve the remainder of his sentence. His contention here is' that this imprisonment is unlawful because, as he contends, the provision of the Code, 18 U.S. C. § 4164, as amended, is unconstitutional in that it permits the Parole Board to deprive a prisoner of “good time”, or reduction of the sentence of imprisonment, which he has earned by good behavior. There is no merit in this contention. See United States ex rel. Rowe v. Nicholson, 4 Cir., 78 F.2d 468; United States ex rel. Nicholson v. Dillard, 4 Cir., 102 F.2d 94.

Affirmed.

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