Legal Opinion

Earl X. Smoake v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, Kansas

Court of Appeals for the Tenth Circuit

Decided April 7, 1966No. 8553PublishedCited by 39 opinions

1Opinion of the Court

BOHANON, District Judge.

Petitioner is presently incarcerated in the United States Penitentiary, Leavenworth, Kansas, from a sentence imposed by the United States District Court, Southern District of New York, for the sale of narcotics. He was sentenced February 20, 1962, for a term of five years, and Petitioner here seeks relief by writ of habeas corpus.

The learned District Judge denied the application for writ, without a hearing.

Petitioner’s contention is that 148 days of good time was cancelled or taken from him for an alleged violation of prison rules while he was incarcerated at the…

2Cases cited4 opinions

  1. Powell v. HunterCourt of Appeals for the Tenth Circuit · 1949
  2. Lloyd v. HeritageDistrict Court, N.D. Georgia · 1961
  3. Berndt v. LooneyDistrict Court, W.D. Arkansas · 1953
  4. McCormick v. HeritageDistrict Court, N.D. Georgia · 1962

3Cited by39 opinions

  1. Oscar Bethea v. Sherman H. Crouse, Warden, Kansas State Penitentiary, James Townsend v. Sherman H. Crouse, Warden, Kansas State PenitentiaryCourt of Appeals for the Tenth Circuit · 1969
  2. Carothers v. FolletteDistrict Court, S.D. New York · 1970
  3. Frank Soyka v. Noah L. Alldredge, Warden of the United States Northeast PenitentiaryCourt of Appeals for the Third Circuit · 1973
  4. Brice v. DayCourt of Appeals for the Tenth Circuit · 1979
  5. Sullivan v. LTV Aerospace & Defense Co.Court of Appeals for the Second Circuit · 1996

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