George E. Myers v. United States of America

The rationale of Dunn and Stapf, adopted by the majority, is that since during the 1960-1966 period the statute provided that persons sentenced to a minimum mandatory term must be given credit for time spent in custody before sentence through inability to post bail, the due process clause of the Fifth Amendment requires that persons sentenced during this period to other than minimum mandatory terms must also be given such credit because there is no rational basis for a difference in treatment in this respect between these two classes of persons. See Stapf v. United States, 367 F.2d at…