Mitchell v. Kennedy

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, while on active duty with the United States Army in England, was convicted' by a general couxi-martial of, (1) the-premeditated murder of…