Hall v. Welch, 6177.
| Decision Date | 07 December 1950 |
| Docket Number | No. 6177.,6177. |
| Citation | 185 F.2d 525 |
| Parties | HALL v. WELCH. |
| Court | U.S. Court of Appeals — Fourth Circuit |
William G. Hall, pro se.
George R. Humrickhouse, U. S. Atty., and Robert N. Pollard, Jr., Asst. U. S. Atty., Richmond, Va., on brief, for appellee.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is an appeal from an order denying an application for a writ of habeas corpus. Appellant was convicted of an offense in the District of Columbia and on June 28, 1940, was sentenced to a term of imprisonment of from three to nine years. On July 11, 1946, he was conditionally released from imprisonment because he had to his credit 1073 days of good time allowance. He remained at liberty until October 26, 1948, when he was arrested for violation of the conditions of parole and on November 12, 1948, the Board of Parole of the District of Columbia held that he had violated the conditions of his release and remanded him to serve the remainder of the sentence originally imposed without taking into account the time during which he was under conditional release. This action was entirely in accord with Title 24 of the District of Columbia Code, sec. 206, which provides:
Appellant does not deny that the action of the Parole Board was authorized by the statute, but contends that Congress could not constitutionally authorize it thus to extend the time of the expiration of the sentence imposed by the trial court; but we think that there is no merit in this contention. To encourage good behavior on the part of convicts and their proper participation in the industries carried on in prisons, Congress has provided that they be given a deduction of sentence for good conduct and be released as though on parole in advance of the expiration of their sentences. See 18 U.S.C.A. §§ 710, and 744h before revision.1 The statute which grants the good time allowance expressly provides that prisoners accorded it shall be treated as if released on parole. 18 U.S.C.A. § 716b2; Bragg v. Huff, 4 Cir., 118 F.2d 1006. This release, however, as in the...
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