Legal Opinion

Costner v. United States

Court of Appeals for the Fourth Circuit

Decided March 10, 1950No. 6041_1PublishedCited by 12 opinions

1Per curiam

This is an appeal from an order denying a motion made under 28 U.S.C.A. § 2255 by a prisoner who had been released from custody prior to the expiration of his sentence because of “good time” earned during the course of his imprisonment. The relief asked by the motion was that appellant be relieved of the conditions imposed by the prison authorities upon his release.

Even if the court had jurisdiction to grant the relief sought upon a motion made under 28 U.S.C.A. § 2255, it is clear that such relief should not be granted. 18 U.S.C.A. § 4164 expressly provides that prisoners entitled to “good…

2Cases cited2 opinions

  1. Story v. RivesCourt of Appeals for the D.C. Circuit · 1938
  2. Gould v. GreenCourt of Appeals for the D.C. Circuit · 1944

3Cited by12 opinions

  1. United States v. Richard Huss and Jeffrey SmilowCourt of Appeals for the Second Circuit · 1975
  2. Steve Gomori, Jr. v. Floyd ArnoldCourt of Appeals for the Third Circuit · 1976
  3. United States v. MarcheseCourt of Appeals for the Ninth Circuit · 1965
  4. Robert Freeman v. United StatesCourt of Appeals for the D.C. Circuit · 1958
  5. Sobell v. Attorney GeneralCourt of Appeals for the Third Circuit · 1968

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