Earl Edward Brotherton v. United States

Appellant Brotherton made an informal request to the sentencing court that he be given credit for 95 days in custody before sentencing. The district court treated the matter as a motion under 28 U.S.C. § 2255 and denied relief. In so doing it said that at the time of sentencing it did not intend to give credit for pre-sentence confinement.

The sentence was imposed under 18 U.S.C. § 2314 after a guilty plea to the charge of interstate transportation of a forged security. The maximum sentence for the offense is ten years.

In Davis v. Willingham, 10 Cir., 415 F.2d 344, we held that if the addition…