Lopez

Petitioner who is confined at the United States Penitentiary at Alcatraz seeks his release on the ground that he has completed the term of imprisonment to which he was sentenced.

On July 30, 1943, petitioner was sentenced by the United States District Court for the Southern District of California to imprisonment for a term of seven years. On June 15, 1945, he was sentenced by the United States District Court for the Western District of Washington to a term of three years for violation of 18 U.S.C. § 751 , unlawful escape, and to a consecutive term of seven years for assault, both sentences to be consecutive to the seven year sentence he was then serving.

On January 28, 1955, petitioner was conditionally released. On July 24, 1956, his conditional release was revoked and he was returned to custody. He now claims that since his reconfinement he has served the entire portion of his sentence which remained at the time he was conditionally released, and hence is entitled to be discharged.

Petitioner has erred in computing the length of the portion of his sentence remaining to be served at the time he was conditionally released. His error stems from his unwarranted assumption that he…