Charles Schiffman v. Fred T. Wilkinson, Warden, United States Penitentiary, McNeil Island, Washington

This case is here on appeal from a denial of the writ of habeas corpus. The only substantial issue relates to the applicability or effect of § 4164, Title 18 U.S.C.A., as amended June 29, 1951, hereafter quoted.

Appellant was by the United States District Court for the Northern District of Texas sentenced to serve a term of 10 years for violation of the Federal Narcotics Act. He began service of the sentence May 6, 1942. He was conditionally released January 22, 1949. On or about March 18, 1951 he committed the crime of engaging in a conspiracy to violate the Narcotics Act. His maximum term under his original sentence expired May 6, 1952. On March 7, 1952 he was-indicted on the conspiracy charge. On May 2, 1952 — four days prior to the expiration date of the 10-year term — a warrant of retaking was issued by the Parole Board for violation of his conditional release.

Appellant pleaded guilty to the conspiracy charge on November 26, 1952, and was sentenced to a term of three years, the sentence being made by the judge to run concurrently with the remainder of his prior 10-year sentence. The conspiracy sentence was later reduced to 18 months with a recommendation that the reduced…