Gibson v. United States, 10401.
| Citation | 161 F.2d 973 |
| Decision Date | 02 June 1947 |
| Docket Number | No. 10401.,10401. |
| Parties | GIBSON v. UNITED STATES. |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Appellant not represented.
Vincent Fordel, of Detroit, Mich. (John C. Lehr and Vincent Fordel, both of Detroit, Mich., on the brief), for appellee.
Before HICKS, SIMONS and MARTIN, Circuit Judges.
On June 13, 1941, appellant entered a plea of guilty to an indictment for a criminal offense in the United States District Court for the Southern District of Ohio and was placed on probation for three years. On the 12th day of March, 1943, his probation was revoked and set aside and upon his plea of guilty he was sentenced to imprisonment for a period of five years. While serving this sentence in the Federal Correctional Institution at Milan, Michigan, he committed an assault upon a fellow prisoner and was indicted therefor on February 7, 1946, in the District Court for the Eastern District of Michigan. He plead guilty and was sentenced to imprisonment for six months, the sentence to commence after the expiration of the five year sentence.
On February 8, 1946, the Good Time Forfeiture Board recommended to the Warden at Milan, Mich., that the good time which appellant had earned on the five year sentence be forfeited and the Warden imposed the forfeiture on February 12, 1946.
On September 24, 1946, appellant filed in the District Court for the Eastern District of Michigan a petition for a writ of habeas corpus. On November 4, 1946, the court held a hearing upon the petition and denied it. There was no appeal from the judgment denying the writ and we need not pursue that matter further.
On November 27, 1946, appellant filed in the District Court a petition against Lemuel F. Fox, Acting Warden, United States Correctional Institution, Milan, Mich., for a declaratory judgment. The relief sought was an interpretation of the following sentence found in Title 18 U.S.C.A. § 710, to wit: "When a prisoner has two or more sentences, the aggregate of his several sentences shall be the basis upon which his deduction shall be estimated."
The ultimate effective relief sought is an order requiring the Warden to discharge appellant from imprisonment. The Warden is in effect a representative of the United States and there is grave doubt whether the Declaratory Judgment Act is applicable. There is nothing in the Act, Title 28 U.S.C.A. § 400, to indicate that the Government has consented to be sued. See Love v. United States, 8 Cir., 108 F.2d 43; Yeskel v. United States, D.C., 31 F.Supp. 956.
But this to one side, "no actual controversy" appears now to exist between appellant and the Warden. Having forfeited all his good time on his five year sentence on February 12, 1946, he will not have completed this five year sentence until March 12, 1948, or, upon the date when the good time earned by him between those dates would...
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King v. United States
...exhaust his administrative remedies, the writ had been denied in a prior proceeding, or the petition lacked merit. See Gibson v. United States, 161 F.2d 973 (C.A.6, 1947); Innes v. Hiatt, 57 F. Supp. 17 (M.D.Pa.1944); United States v. Rollnick, 33 F.Supp. 863, 866-867 (M.D. (iv). Since the ......
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State v. Kell
...that loss of good time credit following several escapes from prison did not act as a violation of double jeopardy); Gibson v. United States, 161 F.2d 973, 974 (6th Cir.1947) (ruling that loss of good time credits did not violate double jeopardy). This court has also held that prison discipl......
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