Odis R. Van Buskirk v. Fred T. Wilkinson, as Warden of the United States Penitentiary, McNeil Island, Washington

Appellant is an inmate of the United States Penitentiary on McNeil Island, Washington. He petitioned the District Court for an injunction restraining respondent Warden from enforcing against him the Act of Congress which provides for conditional release of Federal prisoners, and for a judgment declaring the Act void for repugnance to the Constitution of the United States. He asked that a three-judge court be convened to hear his petition. His claim for relief was based upon the following factual allegations:

On February 4, 1937, appellant was convicted in a United States District Court and was sentenced to imprisonment for a term of fifteen years which he commenced to serve on the same date. He was conditionally released on parole status on November 19, 1945. On September 15, 1950, he was returned to the penitentiary for service of a new sentence of twenty-seven months. On June 21, 1952, the imprisonment portion of the new sentence was terminated and appellant was served with a “Conditional Release Violator’s Warrant.” He then recommenced service on the original fifteen-year sentence.

On November 8, 1953, appellant had served, in confinement and on parole status, a total of…