Tippitt

This is an appeal from an order denying and dismissing a petition for a writ of habeas corpus. Appellant pleaded guilty and was sentenced for three years in the penitentiary by the United States District Court for Kansas on December 3, 1934, for violation of the Dyer Act. He was committed to the federal penitentiary at Leavenworth, Kansas.

On October 28, 1936, he was transferred for trial, pleaded guilty and was sentenced by the United States District Court for the Western District of Louisiana for another violation of the Dyer Act. The sentence provided that it “is to begin at the expiration of the sentence he is now serving.” He was committed to the penitentiary at Leavenworth to serve both sentences.

The parole board recognized a deduction from his two sentences of 576 days for good conduct and 158 days industrial good time for work in prison industries, the aggregate good tithe deduction being 734 days. The board gave him a conditional release from confinement; that is, a release under conditions of a parolee ( 18 U.S.C.A. § 716 -b) from November 29, 1938, his release date, to the end of the six years sentence on December 2, 1940.

While so on conditional release, appellant…