Ex parte Marcil

CUSHMAN, District Judge.

Petitioner asks to be discharged from the custody of the warden of the McNeil Island Penitentiary. He began serving a five-year sentence May 13, 1909. On August 12, 1911, he was released under the Parole Law (1 Supp. 1912 Fed. Stat. Ann. p. 304). At the time of his release he had earned under the Commutation Law (6 Fed. Stat. Ann. p. 41, as amended April 27, 1906 [U. S. Comp. St. Supp. 1911, p. 1701]) 216 days for good conduct. He was out on parole 230 days when he was returned to prison for a violation of his parole. Upon his return, he was notified by the warden that…