There is, however, no reason to abstain from considering the petition at this time because we have found it to be completely lacking in merit. See United States ex rel. Drew v. Myers, 327 F.2d 174, 183 (C.A.3, 1964), cert. denied, 379 U.S. 847, 85 S. Ct. 88, 13 L. Ed. 2d 52 (1964). While we are somewhat sympathetic to relator's situation, we cannot conceive of a constitutionally mandated system of accumulated prison credits. Other courts have concurred in our incredulity: Tucker v. Peyton, 357 F.2d 115, 118 (C.A.4, 1966); Jones v. Ellsworth, 240 F. Supp. 246 (Mont.1965), aff'd, 353 F.2d 209 (C.A.9, 1965); United States ex rel. Jones v. Nash, 264 F.2d 610 (C.A.8, 1959), cert. denied, 360 U.S. 936, 79 S. Ct. 1459, 3 L. Ed. 2d 1548 (1959). Such a requirement of credit for time served under vacated sentences would enable recidivists to obtain release or to avoid incarceration altogether by the simple device of pleading a prior invalid imprisonment. Even in those cases where a sentence is vacated and the relator is re-tried for the very same offense, there is no constitutional requirement of credit for the time already served. See United States ex rel. Jones v. Nash, supra, 264 F.2d at 613; Jones v. Ellsworth, supra; but see Patton v. State of North Carolina, 256 F. Supp. 225 (W.D.N.C.1966).
Quite obviously, the many years Watson spent in custody failed to achieve the desired corrective effect on whatever criminal disposition he may have had. However unfortunate and even tragic relator's confinement under the illegal 1948 sentence might have been, it cannot excuse his later criminal conduct. A sentencing court or parole board may want to consider the fact of Watson's long confinement under the vacated judgment as bearing on the severity of sanctions to be imposed for the later offenses. But our standards of collateral review do not permit interference with such discretionary state criminal procedures in the ordinary case; our concern is only with what constitutional due process demands. United States ex rel. Jones v. Nash, supra.
Although relator is not entitled to receive credit against the 1964 sentences for time served under the invalid 1948 sentence, it would nonetheless appear that the invalidity of the earlier sentence does have an impact on the later sentences. In Commonwealth ex rel. Ulmer v. Rundle, 421 Pa. 40, 218 A.2d 233 (1966), relator was confined under a valid sentence imposed on June 13, 1961. He sought to attack a sentence imposed in 1959, although he had finished serving that sentence. The court held that relator had standing to attack the already completed sentence, because a successful attack would advance the computation of the later valid sentence. The court said, at pages 43-44, 218 A.2d at page 234:
"While it is true that Ulmer is not now confined on the 1959 invalid judgment, the duration of his imprisonment on the valid judgments entered in 1961 is substantially affected, and will be extended illegally for a period of many months as a result of the sentence imposed in 1959. If the latter is allowed to stand unimpeached, the first valid sentence imposed on June 13, 1961, will be computed from the expiration date of the invalid 1959 sentence, and its commencement and expiration dates illegally delayed. * * * The record is remanded to the court of original jurisdiction with directions * * * to enter an order directing that the sentence imposed [in 1961] begin from the date of commitment on the charge there involved."