Legal Opinion

United States v. Bernard Gaines

Court of Appeals for the Second Circuit

Decided January 7, 1971No. 414, Docket 35361PublishedCited by 15 opinions

1Per curiam

We affirm in open court the order of Judge Murphy in the Southern District of New York which denied Gaines’ motion pursuant to 28 U.S.C. § 2255 to receive credit against his federal sentence for time spent in pretrial state custody after he was sentenced by Judge Murphy to two years imprisonment on June 20, 1968 following his plea of guilty to illegally possessing and dispensing a narcotic drug.

On January 9, 1968, Gaines was arrested by New York State authorities and charged with robbery and murder. He was held without bail until April 8, 1968, and released when a grand jury failed to indict…

2Cases cited3 opinions

  1. Murray v. United StatesSupreme Court of the United States · 1965
  2. Theodore Green v. United StatesCourt of Appeals for the First Circuit · 1964
  3. Application of Lyle Nelson for a Writ of Habeas CorpusCourt of Appeals for the Eighth Circuit · 1970

3Cited by15 opinions

  1. Frank Soyka v. Noah L. Alldredge, Warden of the United States Northeast PenitentiaryCourt of Appeals for the Third Circuit · 1973
  2. United States v. Robert Grimes, Iodis Robinson, Shahid Ali, Formerly Known as Iodis X. RobinsonCourt of Appeals for the Third Circuit · 1981
  3. Robert Pugh and Nathaniel Henderson v. James RainwaterCourt of Appeals for the Fifth Circuit · 1977
  4. United States v. Jon Ronald Blankenship, Sr.Court of Appeals for the Sixth Circuit · 1984
  5. Paul D. McGinnis Commissioner of Correction v. United States Ex Rel. Milton PollackCourt of Appeals for the Second Circuit · 1971

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