Herman Audie Ballard v. United States

Following his pleas of guilty on May 14, 1965, Ballard received a four-year sentence for concealing a motor vehicle moving in interstate commerce, 18 U.S.C. § 2313, and a one year sentence for attempted jail break, 18 U.S.C. § 751, to run concurrently. Each of the two counts carried a five year and/or $5,000 maximum sentence with no minimum mandatory sentence.

Unable to post bond, Ballard had spent 187 days in jail prior to sentencing and he now asks credit for this time against the trial court’s specific sentences. The statute giving credit for all time served prior to sentencing was enacted…