Legal Opinion

Tommie Edward Sanders v. John McGuire United States Marshal

Court of Appeals for the Fifth Circuit

Decided December 26, 1968No. 26461PublishedCited by 5 opinions

1Per curiam

The appellant, who is serving a federal sentence for conviction under the Dyer Act in 1966, petitioned for habeas corpus. He contends that he is entitled to credit on this sentence for time which he spent in state custody, serving sentences imposed in 1967 for forgery and escape from jail.

The appellant’s contention is refuted by the express provisions of 18 U.S.C. § 3568. This Section states that such credit shall be awarded only for time “spent in custody in connection with the offense or acts for which sentence was imposed.” When he was placed in state custody, the appellant was on…

2Cases cited2 opinions

  1. Dillinger v. BlackwellDistrict Court, N.D. Georgia · 1967
  2. United States v. BeekerDistrict Court, D. Maryland · 1967

3Cited by5 opinions

  1. Tony Willis v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  2. Robert Orin Shaw A/K/A David Carr v. William French Smith, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1982
  3. Taylor v. StateDistrict Court of Appeal of Florida · 1998
  4. William M. Radcliffe v. J. J. Clark, WardenCourt of Appeals for the Fifth Circuit · 1971
  5. Mize v. United StatesDistrict Court, N.D. Mississippi · 1971

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