Legal Opinion

United States v. Barbosa

District Court, S.D. New York

Decided June 2, 1969No. 64 Cr. 673Published

1Opinion of the Court

COOPER, District Judge.

Petitioner’s attached letter of February 1, 1969 is treated as a motion, pursuant to 28 U.S.C. § 2255, to correct his sentence by crediting him with the time served in federal detention headquarters in New York after his execution of an election against service of sentence. Motion denied.

Petitioner was convicted on January 14, 1965 of two counts of violations of the federal narcotics laws, 21 U.S.C. §§ 178 and 174. On February 11, 1965, he was sentenced to two consecutive 5 year terms of imprisonment. A notice of appeal was filed March 9, 1965 and on March 16, 1965…

2Cases cited7 opinions

  1. Enrique Reyes Leyvas v. United StatesCourt of Appeals for the Ninth Circuit · 1967
  2. Jay Paul Shelton v. United States of America and F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1956
  3. United States v. Percy PruittCourt of Appeals for the Seventh Circuit · 1968
  4. Dominic Allocco v. David M. Heritage, Warden, United States Penitentiary, Atlanta, GeorgiaCourt of Appeals for the Fifth Circuit · 1962
  5. Gregory Comulada v. J. T. Willingham, Warden, United States Penitentiary, Leavenworth, KansasCourt of Appeals for the Tenth Circuit · 1965

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