Edward Joseph Doherty v. United States

Edward J. Doherty was sentenced by the United States District Court for the District of Utah to a ten year term of imprisonment on February 17, 1950, but after earning 1,516 days of “good time” (as computed under 18 U.S.C.A. §§ 4161 , 4162) while incarcerated, he was given a conditional release from the United States Penitentiary, McNeil Island, Washington, on December 21, 1955 pursuant to the mandatory provisions of Title 18 U.S.C.A. § 4163 . Upon such release he was “ * * * deemed as if released on parole until the expiration of the maximum term or terms for which he was sentenced * * * ” and thus subject to provisions of the law relating to parole of federal prisoners. 18 U.S. C.A. § 4164; Hicks v. Reid, 1952, 90 U.S. App.D.C. 109, 194 F.2d 327 . However, on March 21, 1958 Doherty was arrested on the warrant of the United States Board of Parole for violating his conditional release and ordered by the Board to return to prison to serve out the entire balance of his term (1,516 days), less credit for whatever future good time he might earn; his present terminal date with allowable good time is December 12, 1960.

On July 7,1959 Doherty filed a petition for a writ of habeas corpus…