Legal Opinion

United States v. McCullough

Court of Appeals for the Fifth Circuit

Decided January 3, 1969No. Nos. 25746, 25744, 25861, 25886PublishedCited by 6 opinions

1Opinion of the Court

BELL, Circuit Judge:

These four appeals were consolidated in order to consider one narrow question : whether several maximum sentences running concurrently are to be treated as a maximum sentence for purposes of crediting a prisoner with time spent in jail prior to sentencing under 18 U.S.C.A. § 3568 as interpreted in Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764. The District Court answered in the affirmative. Sellers v. United States, 283 F.Supp. 891 (N.D.Ga., 1967). We agree.

Sellers was arrested and charged with a post office burglary September 21, 1961, and because of his inability to…

2Cases cited5 opinions

  1. Raymond Luther Bryans, Jr. v. O. G. Blackwell, Warden, United States Penitentiary, Atlanta, Georgia,appelleeCourt of Appeals for the Fifth Circuit · 1967
  2. Leslie C. Bostick and Charles P. Lainhart v. United States of America, Leslie C. Bostick v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  3. Hubert James Putt v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  4. Sellers v. United StatesDistrict Court, N.D. Georgia · 1967
  5. John Benson, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1968

3Cited by6 opinions

  1. Lsslie C. Bostick and Charles P. Lainhart v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  2. Hyler v. AlexanderCourt of Appeals for the Fifth Circuit · 1970
  3. Hackwokth v. BlackwellDistrict Court, N.D. Georgia · 1969
  4. Clark v. United StatesDistrict Court, E.D. Louisiana · 1971
  5. Hyler v. AlexanderCourt of Appeals for the Fifth Circuit · 1970

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