Charles E. Lawrenson v. Olin G. Blackwell, Warden

Charles E. Lawrenson appeals from the district court’s denial of his petition in the nature of mandamus. We affirm. 1

Subsequent to his conviction of a federal offense, the appellant in 1960 elected not to commence service of his sentence pending his direct appeal, pursuant to Rule 38(a) (2), F.R.Crim.P. He now seeks credit for approximately 400 days spent in custody awaiting the disposition of his appeal.

Prior to a 1966 amendment to Rule 38(a) (2), a defendant was allowed to remain in his place of trial while his direct appeal was pending, upon his execution of an election not to commence…