Jay Paul Shelton v. United States of America and F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, Georgia

In the proceedings from which this appeal comes, the appellant, by petition for declaratory judgment and for habeas corpus, sought an order requiring the warden to give him credit on his four year sentence, and thus to advance his release time. The credit sought was for approximately nine months spent in jail, from October 22, 1952, when, under Rule 38 (a, 2) 1 Fed.Rules Crim.Proc., he gave notice of appeal and filed an election 2 not to serve sentence pending appeal, to July 20, 1953, when, having been removed on July 7th to Atlanta and his sentence having been affirmed in this court, he…