Lynch

This is a petition for a writ of habeas corpus brought in the Superior Court in Norfolk County on January 26,1979, against the superintendent of the Massachusetts Correctional Institution at Walpole (Walpole) and the Department of Correction (department) for the purpose of securing the petitioner’s immediate release *530from Walpole. The case was submitted on a statement of agreed facts, and the petitioner has appealed from the ensuing judgment, which dismissed the petition. The appeal was expedited in this court, and, on April 17, 1979, following the conclusion of the arguments, we ordered that…