United States v. Clifford Charles Seib, Jr.

OPINION OF THE COURT

Prior to the 1966 amendment to 18 U.S.C. § 3568 the appellant was sentenced, following a guilty plea, to seven years imprisonment for violation of 18 U.S.C. § 2113(b). The maximum sentence for that offense is ten years. On September 18, 1970 he moved before the sentencing judge pursuant to Rule 35, Fed.R.Crim.P. for reduction or correction of his sentence to reflect credit for 74 days spent in custody prior to the imposition of sentence. That motion was denied and this appeal followed. The precise situation has heretofore been presented in Amato v. United States, 374 F.2d…