opinion: MORGAN v. ADERHOLD, Warden.
  No. 7311.
  Circuit Court of Appeals, Fifth Circuit.
  Oct. 23, 1934.
  Harlen 0. Morgan, of Atlanta, Ga., in pm per.
  Lawrence S. Camp, U. S. Atty., and H. T. Nichols, Sp. Atty., both of Atlanta, Ga., for appellee.
  Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.
  SIBLEY, Circuit Judge.
  On a hearing of his writ of habeas corpus Harlen 0. Morgan was remanded to the penitentiary and appeals. The facts are not clear in the record, but we understand that Morgan was sentenced January 10, 1929, to two years’ imprisonment for conspiracy to violate the Dyer Act, and also to four years’ imprisonment to commence thereafter for substantive offenses against that act (18 USC A § 408); that after he had served with a clear record for more than two years he was removed to a prison camp where he worked fifteen months with a clear record under promise of additional good time allowance of five days per month; that he was then paroled and later his parole was revoked and he was returned to the penitentiary with all good time allowances withdrawn to serve the remainder of the original four year sentence. He claims in his brief that the revocation of his parole was by one member of the Parole Board rather than by the Board, but no such thing is shown in the record. The questions there raised are: Does revocation of the parole annul the good time earned on his first sentence which was fully served before he was paroled? Does it prevent earning good time on the balance of the second sentence? Is the additional good time earned at the prison camp between May, 1930, and August, 1931,. forfeited ?
  If all good-time deductions claimed are to' be allowed, it fairly appears that Morgan should be discharged. That the deduction provided by 18 USC A § 710 is prevented by a revocation of parole both in respect of good conduct before parole and after its revocation unless restored by the Attorney General under section 711 is fairly ruled in Aderhold v. Perry (C. C. A.) 59 F.(2d) 379, 380. We there held that when a prisoner was received into the penitentiary under several successive sentences, while for most purposes his sentences remain distinct, yet for the single purpose of good time deduction they are to be treated as one, the aggregation of them required by statute serving to increase the rate of the allowance and also to increase what is lost by misconduct, so that good, conduct does not earn a final and absolute credit as to any sentence until the entire service is, with the aid of the credit, performed. Good conduct for a month or for the term of one of the sentences gives only a potential credit, an inchoate right to it, which is perfected only when at the time for casting up the account the prisoner’s “record of conduct,” to quote the statute, "shows that he has faithfully observed all the rules and has not been subjected to punishment.” This refers to his whole record during the aggregated sentences under which he originally entered the penitentiary. Touching misconduct on parole, by the words of section 716 the prisoner is “to remain, while, on parole, in the legal custody and under the control of the warden of such prison from which paroled,” and the conditions of his parole become rules which he is under duty to observe although not actually within the walls of the penitentiary. See Anderson v. Corall, 263 U. S. at page 196, 44 S. Ct. 43, 68 L. Ed. 247. Section 719 in plain words declares that: “If-such order of parole shall be revoked and the parole so terminated, the said prisoner shall serve tlqe remainder of the sentence originally imposed; and the time the prisoner was out on parole shall not be taken into account to diminish the time for which he was sentenced.” The loss of this time is a punishment for a failure faithfully to observe the rules within the meaning of section 710, which prevents the deduction as for a good record. See, also, Halligan v. Marcil (C. C. A.) 208 F. 403; Ex parte Marcil (D. C.) 213 F. 990. It is argued that the final section of the Parole Act, 18 USCA § 723, which provides that nothing in the act shall be construed “to impair the power of the President * *. * to grant a pardon or commutation, * * * or in any way impair or revoke such good time allowance as is or may hereafter be provided by law,” prohibits the forfeiture of good time by anything done under the parole law. We are of opinion that the language means only that pardon by the President and the plan of good time allowances are not superseded by the parole. Good time credits are still to be allowed even while a prisoner is out on parole. See section 716. But they are not given any new stability or security, nor to be earned except in accordance with section 710. This construction of the statute has been administratively acted on for twenty years, since Halligan v. Mareil, supra, was decided, and Congress in its subsequent considerations of the subject has not altered it.
  As to the additional allowance claimed for service in the prison camp, reliance is placed on a dictum in Perry’s Case, as follows: “Under the Act approved May 27, 1930, § 8, 46 Stat. 391 (18 USCA § 744h), the Attorney General has established a system of good time allowance in prison camps as a periodic reward for faithful, diligent, and willing service which is not automatically defeated by subsequent misconduct. With this interesting experiment in penology we are not concerned in this ease.” The reference was to Circular No. 2175, issued by the Attorney General on April 10, 1931, whereby an allowance because of such service, rather than because of freedom from rule violation as under section 710, was provided, somewhat in the nature of a wage. This new allowance was to be affirmatively set up at the end of each month by the Director. Paragraph 6 stated: “Camp good time once earned cannot be revoked except on approval of the Director of the Bureau of Prisons.” Perhaps the quoted provision "was in conflict with the Act of 1930 (18 USCA § 744h) which authorizes the Attorney General to establish the additional allowance only “under the same terms and conditions as provided in the Aets of Congress referred to in this section,” being sections 710 to 712a of the Code. Perhaps it amounts only to making the Director instead of the local camp superintendent the judge of misconduct. The record before us does not disclose under what regulations the additional deduction is claimed by Morgan, nor by whom it was revoked. Most of his service was prior to April 10, 1931. There is no showing that any deduction was ever affirmatively allowed him, nor that if now respected it would be sufficient to entitle the prisoner to a present discharge. We are unable to say that error is shown on this point in the judgment remanding him to custody.
  The contention that the sentence for conspiracy in which overt aets of transporting stolen ears were set up protects Morgan from sentence for committing the substantive offenses which the conspiracy contemplated is foreclosed by the decisions in United States v. Rabinowich, 238 U. S. 78, 35 S. Ct. 682, 59 L. Ed. 1211; Powers v. United States (C. C. A.) 294 F. 512; Perry v. United States (C. C. A.) 18 F.(2d) 477.
  In the conspiracy indictment, in the charging clause, the defendant is named as Helen O. Morgan, though he is named Harlen O. Morgan in portions detailing the overt acts. Helen and Harlen are hardly idem sonans; so that a misnomer appears which might have been pleaded, for an accused person has the right to have the record show his proper name. But not pleading the misnomer waives it. The arrest and arraignment of the accused identifies him for trial, and the person so arrested and arraigned is validly convicted no matter what name is applied to him in the proceedings.
  No error appearing, the judgment of remand is affirmed.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  In some cases there is some confusion over who should be listed as the appellant and who as the respondent. This confusion is primarily the result of the presence of multiple docket numbers consolidated into a single appeal that is disposed of by a single opinion. Most frequently, this occurs when there are cross appeals and/or when one litigant sued (or was sued by) multiple litigants that were originally filed in district court as separate actions. The coding rule followed in such cases should be to go strictly by the designation provided in the title of the case. The first person listed in the title as the appellant should be coded as the appellant even if they subsequently appeared in a second docket number as the respondent and regardless of who was characterized as the appellant in the opinion.
  To clarify the coding conventions, consider the following hypothetical case in which the US Justice Department sues a labor union to strike down a racially discriminatory seniority system and the corporation (siding with the position of its union) simultaneously sues the government to get an injunction to block enforcement of the relevant civil rights law. From a district court decision that consolidated the two suits and declared the seniority system illegal but refused to impose financial penalties on the union, the corporation appeals and the government and union file cross appeals from the decision in the suit brought by the government. Assume the case was listed in the Federal Reporter as follows:
  United States of America,
  Plaintiff, Appellant
  v
  International Brotherhood of Widget Workers,AFL-CIO
  Defendant, Appellee.
  International Brotherhood of Widget Workers,AFL-CIO
  Defendants, Cross-appellants
  v
  United States of America.
  Widgets, Inc. & Susan Kuersten Sheehan, President & Chairman
  of the Board
  Plaintiff, Appellants,
  v
  United States of America,
  Defendant, Appellee.
  This case should be coded as follows:Appellant = United States, Respondents = International Brotherhood of Widget Workers Widgets, Inc., Total number of appellants = 1, Number of appellants that fall into the category "the federal government, its agencies, and officials" = 1, Total number of respondents = 3, Number of respondents that fall into the category "private business and its executives" = 2, Number of respondents that fall into the category "groups and associations" = 1.
  Note that if an individual is listed by name, but their appearance in the case is as a government official, then they should be counted as a government rather than as a private person. For example, in the case "Billy Jones & Alfredo Ruiz v Joe Smith" where Smith is a state prisoner who brought a civil rights suit against two of the wardens in the prison (Jones & Ruiz), the following values should be coded: number of appellants that fall into the category "natural persons" =0 and number that fall into the category "state governments, their agencies, and officials" =2. A similar logic should be applied to businesses and associations. Officers of a company or association whose role in the case is as a representative of their company or association should be coded as being a business or association rather than as a natural person. However, employees of a business or a government who are suing their employer should be coded as natural persons. Likewise, employees who are charged with criminal conduct for action that was contrary to the company policies should be considered natural persons.
  If the title of a case listed a corporation by name and then listed the names of two individuals that the opinion indicated were top officers of the same corporation as the appellants, then the number of appellants should be coded as three and all three were coded as a business (with the identical detailed code). Similar logic should be applied when government officials or officers of an association were listed by name.
  Your specific task is to determine the total number of appellants in the case that fall into the category "private business and its executives". If the total number cannot be determined (e.g., if the appellant is listed as "Smith, et. al." and the opinion does not specify who is included in the "et.al."), then answer 99.