HUNTER v. FACCHINE

No. 4411.

195 F.2d 1007 (1952)

HUNTER, Warden v. FACCHINE.

United States Court of Appeals, Tenth Circuit.

April 16, 1952.


Attorney(s) appearing for the Case

Eugene W. Davis, Ass't U. S. Atty., Topeka, Kan. (Lester Luther, U. S. Atty., Topeka, Kan., on the brief) for appellant.

Walter O. Cass, Denver, Colo., for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

Appellee was sentenced to a term of 4 years in the Federal Penitentiary at Leavenworth, Kansas. He sought release from custody, contending that he had served the required time. This appeal is taken from a judgment in his favor.

The question presented by this appeal is the method required in computing and crediting him with good time under 18 U.S. C.A. § 4161. So far as material, § 4161 provides that a prisoner, who has observed...

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