Klinkner

Klinkner v. Squier

Good Law
144 F.2d 490·1944 U.S. App. LEXIS 2864
United States Court of Appeals for the Ninth CircuitAugust 11, 1944No. 10744California581 words

Opinion

Lead Opinion

Healy, J.

This appeal is from a judgment adverse to appellant on his petition for a writ of habeas corpus.

Following are the conceded facts of the case: On July 29, 1930, appellant was convicted of a federal offense and sentenced to serve a ten-year term. On August 23, 1935, he was paroled from the institution of his confinement under the provisions of 18 U.S.C.A. § 716 . By the terms of the parole he was to remain under supervision until April 15, 1937 — the expiration date of his minimum term after deduction of credit for good conduct, if earned. On June 1, 1937, he received from the Supervisor of Paroles a letter stating:

This letter was written under a misapprehension, as will now appear.

On December 1, 1936, while at large under parole, appellant had committed the crime of forgery in violation of 18 U.S.C. A. § 347. For this crime he was indicted May 13, 1937; and on May 21, 1937, on his plea of guilty, he was sentenced to serve a term of five years. On the same date he was sentenced under another indictment, charging the stealing of letters from mail boxes, and was sentenced to serve four years, the sentence to run consecutively to the one imposed for the crime of forgery. He…

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