Smith v. Hunter

MELLOTT, Chief Judge.

The issue in this habeas corpus proceeding is whether petitioner, an inmate of the United States Penitentiary at Leavenworth, is entitled to immediate release from custody under the provisions of the statutes pertaining to good time allowances,1 as he contends, or whether he must proceed as outlined in the statute providing for the release of an indigent prisoner after he has been confined in prison 30 days solely for the nonpayment of a fine.2 There is no controversy as to the basic facts.

Petitioner was duly received at the penitentiary under two commitments, both dated…