Glen Dale Seawell v. Warden W. H. Rauch

Appellant has appealed from an Order of the District Court for the Western District of Washington, made and entered on April 22, 1975, dismissing his petition for a writ of habeas corpus. We affirm.

After serving approximately six years of a ten year term of imprisonment at various federal institutions for a crime of bank robbery, appellant escaped on or about November 20, 1974 while at the Community Treatment Center in Oakland, California. On November 25, 1974, a committee of the Center held an in absentia good time forfeiture hearing at which 504 days of good time earned by appellant, pursuant to Title 18 U.S.C. § 4161 , and 90 days good time earned pursuant to 18 U.S.C. § 4162 , were forfeited under and pursuant to the guidelines set forth in Bureau of Prisons Policy Statement 7400.6A, August 13, 1971, which provides in pertinent part:

Subsequently, appellant was returned to the penitentiary at McNeil Island. Prior to the forfeiture of the earned good time, appellant’s mandatory release date was March 14, 1975.

The issues presented are whether the in absentia forfeiture of appellant’s good time violated his right to due process of law; and whether the District Court…