Wipf v. King, 12366.
| Decision Date | 05 October 1942 |
| Docket Number | No. 12366.,12366. |
| Citation | 131 F.2d 33 |
| Parties | WIPF v. KING, Warden, Medical Center for Federal Prisoners, Springfield, Mo. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Elias M. Wipf, pro se.
Otto Schmid, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., of Kansas City, Mo., on the brief), for appellee.
Before GARDNER, WOODROUGH, and RIDDICK, Circuit Judges.
This is an appeal in forma pauperis taken from a judgment of the United States District Court for the Western District of Missouri by which the petition of Elias M. Wipf for the writ of habeas corpus was dismissed and the petitioner was remanded to the custody of the Warden of the Medical Center for Federal Prisoners, Springfield, Missouri. The judgment was arrived at after full hearing in the presence of the petitioner who was represented by counsel, and findings of fact were entered by the court to which no exceptions were taken.
It appears that the petitioner was indicted and convicted in the United States District Court at Sioux Falls, South Dakota, and on October 27, 1934, was sentenced to serve a term of six years in prison. That the petitioner was committed to a United States prison and served his sentence from and after said 27th day of October, 1934 to October 13, 1938, and on said latter date was granted his conditional release from prison. That subsequent to his conditional release the petitioner was arrested for a violation of the terms of his conditional release and was returned to prison on September 23, 1940, and that the petitioner has been serving his sentence since that date. That since the return of the petitioner to prison because of his violation of the terms of his conditional release, the prison authorities have taken away from him all credit for "good conduct" earned prior to his conditional release and have also taken away his credit designated as "industrial good time" which the petitioner had earned by working in prison camps prior to his conditional release; that credit designated as "industrial good time" and earned by prisoners in prison camps must be granted by prison authorities under the same terms and conditions as credit for good behavior and that such credits are not absolute. That the petitioner's term of imprisonment prescribed by the sentence has not expired, and that he is now in the custody of the respondent as Warden of the Medical Center for Federal Prisoners at Springfield, Missouri.
It also appears that the amount of "industrial good time" claimed to have been earned by the petitioner as a prisoner in prison camps was 173 days, and the contention for the appellant is that the action of the prison authorities in taking away from him all credit for the good time designated "industrial good time" was contrary to law and void, and that with such credit for "industrial good time" added to the time he has served his six-year sentence (entered October 27, 1934) has been completed and he is entitled to be discharged under the writ of habeas corpus. The...
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