Legal Opinion

Antonio Rodriguez v. United States

Court of Appeals for the Fifth Circuit

Decided January 14, 1969No. 26038PublishedCited by 8 opinions

1Per curiam

Appellant claims that he is entitled to credit on his federal sentence for jail time spent in Dade County Jail, Miami, Florida. His grounds are two — that an order of the district court granted the credit claimed, but it was improperly countermanded by a later and conflicting order of the same court; and, second, that in any event he is entitled to the credit as a matter of law.

As to the first contention, the orders are not contradictory but complementary. The first order followed the statutory provisions of 18 U.S.C.A. § 3568, and did not delineate what credit was due, either as to dates or…

2Cases cited3 opinions

  1. Zerbst v. McPikeCourt of Appeals for the Fifth Circuit · 1938
  2. Robert G. Lamb, Jr. v. David M. Heritage, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1962
  3. William Earl Gardner v. United States of America, And/or Fred T. Wilkinson, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1960

3Cited by8 opinions

  1. Simms v. StateIndiana Court of Appeals · 1981
  2. United States v. Dennis Paul ShillingfordCourt of Appeals for the Fifth Circuit · 1978
  3. Alton Z. Howard v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  4. Taylor v. StateDistrict Court of Appeal of Florida · 1998
  5. United States of America Ex Rel. Norbert Derengowski v. United States Attorney General and Director, Bureau of PrisonsCourt of Appeals for the Eighth Circuit · 1972

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