Opinion
No. 7513.
October 16, 1934.
Appeal from the District Court of the United States for the Northern District of Georgia; E. Marvin Underwood, Judge.
Proceeding by William Duncan England for a writ of habeas corpus to A.C. Aderhold, Warden of the United States Penitentiary at Atlanta, Ga. From a judgment sustaining the writ and ordering petitioner's discharge from custody, respondent appeals.
Affirmed.
See, also, (C.C.A.) 67 F.2d 248.
Lawrence S. Camp, U.S. Atty., H.T. Nichols, Sp. Atty., and Ike K. Hay, Asst. U.S. Atty., all of Atlanta, Ga., for appellant.
Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.
By this appeal the warden of the Atlanta Penitentiary contends that the district judge erred in computing deductions from a second sentence imposed upon appellee, a prisoner in the penitentiary. The facts upon which the District Court acted are not shown by the petition, or by any evidence in the record.
It follows that the judgment must be, and it is, affirmed.