Sammy Joe Downey v. J. C. Taylor, Warden, United States Penitentiary, Leavenworth, Kansas

The appeal is from an order denying appellant’s petition for a writ of habeas corpus.

The record shows that in 1958 appellant was convicted under the Dyer Act, 18 U.S.C.A. § 2311 et seq., in the Western District of Missouri and received a five year institutional sentence. In 1960, while serving that sentence, he escaped from custody and, after being apprehend-ed, received an eighteen month sentence for the escape. The Judgment and Commitment upon that sentence recites: "“Said sentence to be served consecutively to any other sentence or sentences now being served.” The “good time” earned by…