Gerald Glen Boyden v. Griffin Bell, Attorney General, and L. R. Putnam, Warden

Gerald Glen Boyden appeals the district court’s summary dismissal of his petition for a writ of habeas corpus pursuant to 18 U.S.C. § 3244 . Although appellant raises a number of issues, the primary one is whether U.S. authorities violated the implementing legislation of the prisoner exchange treaty (Treaty) between the United States and Canada in apportioning the remission credit of Boyden’s Canadian sentence according to the time actually served in a foreign prison. We conclude that the pro-ration of remission credit is required by law and affirm the dismissal in all respects. The record of this case conclusively shows that the appellant is' entitled to no relief. Blackledge v. Allison, 431 U.S. 63, 74 , 97 S.Ct. 1621, 1629 , 52 L.Ed.2d 136 (1977); United States v. Boniface, 601 F.2d 390, 392 (9th Cir. 1979).

I.

FACTS

Boyden, a United States citizen, was convicted by a Canadian court in 1976 of smuggling heroin and sentenced to a term of twenty years. Boyden was classified by Canadian parole authorities as a first offender. In 1978, he applied for a transfer to a prison in the United States pursuant to the Treaty between the two countries. On October 10, 1978, Boyden appeared…