Swope

The respondent was committed to the United States Penitentiary on McNeil Island under sentence of five years on each of two counts of an indictment upon which he had been convicted in the District Court of the United States for the District of Minnesota. The sentence was imposed because of a violation of probation. The sentence on its face provided that it should begin to run from the 28th day of March, 1929. The commitment was issued on April 8, 1932, and the prisoner began to serve his term at McNeil Island on May 17, 1932. He contends that his sentence, rightly construed, begins to run from the date fixed in the sentence and commitment, and that, consequently, he is entitled to good credits as authorized by 18 U.S.C.A. § 710 , for the entire period that has elapsed from and after March 1929. During this period for about one year he was on probation. The appellee concedes that if he is not entitled to good credits for the period of time he was on probation that he is not now entitled to release. The appellant contends that the appellee is not entitled to good credits while on probation.

There are other questions suggested by the record involving the prisoner’s term which it is…