v2860-746

stitution. See for example, U.S. ex rel Jacobs v. Bare,

supra.

See also in this connection, Jasper v. Sawyer,

D.C.D.C. 1951, 100 F. Supp. 421.

Appellant, while making no claim for good-time

allowance on service outside prison walls, nevertheless

does not take into consideration otherwise a distinc-

tion between the elapse of time while in actual custody

and while in constructive custody.

See in this connection, Baumhoff v. United

States, 200 F. (2d) 769.

Appellant, by his contention that he should not

be punished twice by being required to serve again

the time served on conditional release, is in effect

contending that his former good behavior thereon con-

stituted in a real sense, in his own estimation, actual

punishment, however induced.

In Moorehead v. Hunter, 1952, 198 F. (2d) 52,

the Court at Page 54, aptly observed:

"The violations of the terms of a conditional

parole bring into being a new offense for which,

upon being found guilty in a proper proceeding,

one may be punished. This is a new punishment

not a part of the original punishment and con-

sists of a forfeiture of good time."

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