United States v. Frank Peter Downey

The District Court rejected Frank Peter Downey’s petition for credit against a federal sentence for time spent in the St. Louis City Jail. Downey appealed to this Court, and the United States government moved to dismiss the appeal on the grounds that it was legally frivolous and wholly without merit. We deny the government’s motion. We affirm the decision of the trial court for the reasons stated in its memorandum of April 27, 1972, D.C., 343 F.Supp. 390, insofar as it holds Downey is not entitled to credit for time served for the period March 18, 1971, to May 28, 1971.

We hold, however, that…