Hunter, Warden v. Facchine

HUXMAN, Circuit Judge.

Appellee was sentenced to a term of 4 years in the Federal Penitentiary at Leavenworth, Kansas. He sought release from custody, contending that he had served the required time. This appeal is taken from a judgment in his favor.

The question presented by this appeal is the method required in computing and crediting him with good time under 18 U.S.C.A. § 4161. So far as material, § 4161 provides that a prisoner, who has observed all the rules and has not been subject to punishment, shall be entitled in the case of a sentence of not less than 3 years and less than 5 years to…