Eddie Padgett v. United States

MEMORANDUM DECISION

SOBELOFF, Circuit Judge.

The petitioner, Eddie Padgett, a federal prisoner, seeks credit for 49 days of pre-trial custody in light of our decision in Dunn v. United States, 4 Cir., 376 F.2d 191 (1967). The pertinent language in the slip opinion of this court, upon which the District Court relied, has been amended by deleting the presumption that a prisoner receiving less than a maximum sentence was granted credit for the period of pre-trial incarceration. The effect of the deletion is to leave the matter open to be determined according to the facts in the particular ease.…