Wallett v. Thompson

Plaintiff, an inmate at the Oregon State Penitentiary (OSP), appeals from a judgment dismissing his petition for a writ of habeas corpus. ORS 34.310. He asserts that he is entitled to credit on his Oregon sentence for time served in federal custody on convictions for crimes he committed while on temporary leave during the pendency of his Oregon sentence. We conclude that plaintiff was “voluntarily absent” from Oregon custody, ORS 137.370(3) (1977), and, thus, was not entitled to credit for time spent in federal custody. Consequently, we affirm.

In October 1978, plaintiff was convicted of…