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United States v. Maroney

April 19, 1967

UNITED STATES OF AMERICA EX REL. RICHARD W. MONK, JR., APPELLANT,
v.
JAMES F. MARONEY, SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION, PITTSBURGH, PENNSYLVANIA.



Before STALEY, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.

Opinion OF THE COURT

Per Curiam.

This is an appeal from the denial of a petition for a writ of habeas corpus. Appellant contends that his confinement is unconstitutional by reason of the aggregation of the minimum and maximum sentences as required by ยง 897 of 19 Purdon's Pa.Stat.Ann.*fn1 The purpose of that section was to eliminate the requirement that a prisoner serving consecutive sentences apply for a "constructive parole" before beginning to serve his next consecutive sentence. See Commonwealth ex rel. Lycett v. Ashe, 145 Pa. Super. 26, 20 A.2d 881 (1941).

Construing the Act with that legislative purpose in mind, we can discern no issue of constitutional dimension which is essential to Federal habeas corpus relief.

The judgment of the district court will ...


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