Wade George Duke v. Olin G. Blackwell, Warden, U. S. Penitentiary, Atlanta, Georgia

Wade George Duke appeals from the district court’s denial of his petition for a writ of mandamus to require federal officials to give him credit for time spent in jail pending appeal. We affirm. 1

Appellant was convicted of transporting a stolen motor vehicle in interstate commerce in violation of 18 U.S.C. § 2312 and was sentenced on December 8, 1964 to serve the statutory maximum of five years imprisonment. On the same date appellant executed an election pursuant to Rule 38(a) (2), F.R. Crim.P., not to commence service of sentence. 2 The court set bond pending appeal but indigency prevented…