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MITCHELL v. KENNEDY

No. 3604 H. C.

232 F.Supp. 60 (1964)

John Paul MITCHELL, Petitioner, v. Robert F. KENNEDY, Attorney General of the United States, and J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas, Respondents.

United States District Court D. Kansas.

August 11, 1964.

Attorney(s) appearing for the Case

James A. Pusateri of Payne, Jones, Anderson & Payne, Olathe, Kan., and Jon C. Christlieb of Stanley, Schroeder, Weeks, Thomas & Lysaught, Kansas City, Kan., for petitioner.

Newell A. George, U. S. Atty., and Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan., for respondents (Abraham Nemrow, Lt. Col., JAGC, and Joseph J. DeFrancesco, JAGC, Dept. of the Army, Washington, D. C., were with them on brief).

ARTHUR J. STANLEY, Jr., Chief Judge.

This is a habeas corpus proceeding in which petitioner contends that his detention in the United States Penitentiary at Leavenworth, Kansas is unlawful. He contends that as a military prisoner he is entitled to have his "good time credits," as well as his release from confinement, determined in accordance with military regulations which make no provision for a conditional release.

The facts are not disputed. Petitioner...

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