92 F. Supp. 635 | M.D. Penn. | 1950
Petitioner is a military prisoner who was sentenced by a General Court-Martial and committed to the United States Penitentiary, Atlanta, Georgia. On May 1, 1950, he was conditionally released from that institution. While under parole on such conditional release a parole violation warrant was issued against him on June 9, 1950, pursuant to which he was committed to the United States Penitentiary, Lewisburg, Pennsylvania, on July 5, 1950.
His contentions are that since he was a military prisoner he was not subject to the jurisdiction of the Parole Board, and that the Board of Parole had no basis for revoking his parole.
His first contention is without merit. A prisoner sentenced by a General Court-Martial and committed to a penitentiary, who is subsequently conditionally released, is on parole and subject to the provisions of 18 U.S.C.A. §§ 4201-4207.
We are not here concerned with arbitrary and capricious action by the Parole
An Order will be entered in accordance with this Opinion.
Order
For the reasons set forth in Opinion this day filed, it is ordered and decreed that the petition of William H. Jackson for Writ of Habeas Corpus be and the same is hereby denied, and the Rule to Show Cause discharged.
. Johnson v. Hiatt, D.C.M.D.Pa., 71 F.Supp. 865, affirmed 3 Cir., 163 F.2d 1018, certiorari denied 333 U.S. 829, 68 S.Ct. 446, 92 L.Ed. 1114.
. Hiatt v. Compagna, 5 Cir., 178 F.2d 42.