Joseph W. Savage v. J. D. Henderson, Warden, United States Penitentiary, Atlanta, Ga.

This appeal is taken from an order of the district court dismissing the mandamus petition of a federal prisoner seeking credit under 18 U.S.C. § 3568 on his federal sentence for time spent in state custody. The government has moved to remand the case for findings, admitting that appellant has alleged facts which, if true, would entitle him to relief. We grant the motion and remand the ease.

While on mandatory release from a ten-year federal sentence for unlawful sale of heroin imposed on November 20, 1959, the appellant was charged with robbery by Michigan state authorities. While in state…