UNITED STATES v. O'BRIEN

No. 12891.

273 F.2d 495 (1959)

UNITED STATES of America ex rel. L. B. BINION v. William A. O'BRIEN, United States Marshal for the Eastern District of Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided December 9, 1959.

Rehearing Denied January 28, 1960.


Attorney(s) appearing for the Case

Eugene N. Barkin, Washington, D. C. (W. Wilson White, Asst. Atty. Gen., Harold K. Wood, U. S. Atty., Philadelphia, Pa., Harold H. Greene, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Leon H. Kline, Philadelphia, Pa. (Jacob Kossman, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.


STALEY, Circuit Judge.

This is an appeal by the government from the grant by the district court of a writ of habeas corpus. It presents the unique problem of a relator who asserts that he is entitled to credit on his sentence for the period he was subjected to supervision by a federal probation officer while on bail from that sentence.

The relator, Binion, was indicted for evasion of his income tax for the year 1949 in violation of Section 145(b) of Title...

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