UNITED STATES v. KENTON

No. 255, Docket 26604.

287 F.2d 534 (1961)

UNITED STATES ex rel. John BUONO, Appellee, v. Frank F. KENTON, Warden, Federal Correctional Institution, Danbury, Connecticut, Appellant.

United States Court of Appeals Second Circuit.

Decided March 9, 1961.


Attorney(s) appearing for the Case

Harold H. Greene, Atty., Dept. of Justice, Washington, D. C. (Harold R. Tyler, Jr., Asst. Atty. Gen., and Eugene N. Barkin, Atty., Dept. of Justice, Washington, D. C., and Harry W. Hultgren, Jr., U. S. Atty., D. Conn., Hartford, Conn., on the brief), for appellant.

Stanley D. Josephson, Branford, Conn., for appellee.

Before CLARK, WATERMAN, and MOORE, Circuit Judges.


CLARK, Circuit Judge.

Respondent, the warden of the Federal Correctional Institution at Danbury, Connecticut, appeals from an order granting relator's petition for a writ of habeas corpus. The question on appeal is whether or not a parolee who has been recommitted for violation of the conditions of his release must be discharged from custody where the statutory hearing on the issue of violation was not held within a reasonable time.

On October 21, 1959, upon...

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