392 F.2d 64 (5th Cir. 1968), 24266, Putt v. United States

Docket Nº24266.
Citation392 F.2d 64
Party NameHubert James PUTT, Appellant, v. UNITED STATES of America, Appellee.
Case DateFebruary 16, 1968
CourtUnited States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 64

392 F.2d 64 (5th Cir. 1968)

Hubert James PUTT, Appellant,

v.

UNITED STATES of America, Appellee.

No. 24266.

United States Court of Appeals, Fifth Circuit.

February 16, 1968

Page 65

James Mayo, Louisville, Miss., for appellant.

H. M. Ray, U.S. Atty., Oxford, Miss., for appellee.

Before JOHN R. BROWN, Chief Judge, and FAHY [*] and DYER, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Under F.R.Crim.P. Rule 35, Appellant Putt filed a motion in the Court below to have his sentence corrected. The District Court denied all relief sought. Appellant brings three points of error to this Court, the second 1 and third 2 of which are totally without merit. But because of an intervening decision of this Court since the District Judge's decision we must vacate part of the lower Court's judgment and direct correction of the sentence to assure effective credit for jail time served.

Appellant spent two months and two days in jail awaiting arraignment, plea, and sentencing because of his inability to post the required bond. After commitment for observation and study (18 U.S.C.A. § 4208(b) and (c)), he was given a five year indeterminate sentence under Section 4208(a)(2) which prescribes that 'the defendant may become eligible for parole at such time as the Board of Parole may determine as provided in * * *' Section 4208(a)(2). 3

Page 66

At the time of this sentence credit for time spent in jail prior to sentencing was, under the 1960 Amendments, available only when the conviction was one which required a minimum mandatory sentence. See 18 U.S.C.A. § 3568 (1964). Nor was this altered by the amendment to Section 3568 contained in the Bail Reform Act of 1966. This Act did provide automatic administrative credit to all defendants, not just those convicted under statutes requiring a minimum mandatory sentence, but the provisions of the 1966 Act were not retroactive.

But for application in this Circuit this Court through Judge Tuttle's extended opinion in Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764, has aligned itself with the Courts of Appeals of the District of Columbia and the Fourth Circuit in their Stapf 4 and Dunn 5 decisions. We held, in agreement with those decisions, that 'persons sentenced prior to September 20, 1966, who have not been given the benefit of uncounted time served must be afforded the same benefits as are given to the mandatory minimum sentence prisoners under the 1960 amendment.' 387 F.2d 767.

Appellant Putt, as with a number of others recently, 6 gets the benefit of this ruling. But unlike the others whose earlier sentences came under the conclusive presumption of credit, Putt's sentence was for the Maximum term, so he will get some specific reduction.

It...

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15 practice notes
  • 299 F.Supp. 689 (S.D.N.Y. 1969), 62 CR. 664, Gilbert v. United States
    • United States
    • Federal Cases United States District Courts 2nd Circuit United States District Courts. 2nd Circuit. Southern District of New York
    • April 7, 1969
    ...time spent in custody. 10 Similar pronouncements on the purpose of the 1966 amendment to Section 3568 were made in Putt v. United States, 392 F.2d 64, 66 (5th Cir.), cert. denied, 393 U.S. 929, 89 S.Ct. 264, 21 L.Ed.2d 266 (1968); Bryans v. Blackwell, supra 387 F.2d at 766; Amato v. United ......
  • 400 F.2d 185 (9th Cir. 1968), 22391, Lee v. United States
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (9th Circuit)
    • August 14, 1968
    ...what the sentencing court had in mind, and have attempted directives to the sentencing judges. Putt v. United States, 5th Cir. 1968, 392 F.2d 64, at 67; Bryans v. Blackwell, 5th Cir. 1967, 387 F.2d 764, at 768. And the Fourth Circuit, having rejected the conclusive presumption that credit f......
  • 412 F.2d 780 (5th Cir. 1969), 26824, Tandler v. Blackwell
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • July 3, 1969
    ...Cir., 1968, 397 F.2d 502. Nor do our decisions in Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764 or Putt v. United States, 5 Cir., 1968, 392 F.2d 64, rescue defendant since they deal with 18 U.S.C.A. § 3568 before its amendment in 1966. Section 3568 by its 1960 terms gave credit only for t......
  • 400 F.2d 449 (5th Cir. 1968), 24287, Bostick v. United States
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • August 14, 1968
    ...1966, 125 U.S.App.D.C. 100, 367 F.2d 326; Dunn v. United States, 4 Cir. 1967, 376 F.2d 191. See also Putt v. United States, 5 Cir. 1968, 392 F.2d 64. The good time statute, 18 U.S.C. § 4161 provides: § 4161. Computation generally. Each prisoner convicted of an offense against the United Sta......
  • Request a trial to view additional results
15 cases
  • 299 F.Supp. 689 (S.D.N.Y. 1969), 62 CR. 664, Gilbert v. United States
    • United States
    • Federal Cases United States District Courts 2nd Circuit Southern District of New York
    • April 7, 1969
    ...time spent in custody. 10 Similar pronouncements on the purpose of the 1966 amendment to Section 3568 were made in Putt v. United States, 392 F.2d 64, 66 (5th Cir.), cert. denied, 393 U.S. 929, 89 S.Ct. 264, 21 L.Ed.2d 266 (1968); Bryans v. Blackwell, supra 387 F.2d at 766; Amato v. United ......
  • 400 F.2d 185 (9th Cir. 1968), 22391, Lee v. United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • August 14, 1968
    ...what the sentencing court had in mind, and have attempted directives to the sentencing judges. Putt v. United States, 5th Cir. 1968, 392 F.2d 64, at 67; Bryans v. Blackwell, 5th Cir. 1967, 387 F.2d 764, at 768. And the Fourth Circuit, having rejected the conclusive presumption that credit f......
  • 412 F.2d 780 (5th Cir. 1969), 26824, Tandler v. Blackwell
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • July 3, 1969
    ...Cir., 1968, 397 F.2d 502. Nor do our decisions in Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764 or Putt v. United States, 5 Cir., 1968, 392 F.2d 64, rescue defendant since they deal with 18 U.S.C.A. § 3568 before its amendment in 1966. Section 3568 by its 1960 terms gave credit only for t......
  • 400 F.2d 449 (5th Cir. 1968), 24287, Bostick v. United States
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Fifth Circuit
    • August 14, 1968
    ...1966, 125 U.S.App.D.C. 100, 367 F.2d 326; Dunn v. United States, 4 Cir. 1967, 376 F.2d 191. See also Putt v. United States, 5 Cir. 1968, 392 F.2d 64. The good time statute, 18 U.S.C. § 4161 provides: § 4161. Computation generally. Each prisoner convicted of an offense against the United Sta......
  • Request a trial to view additional results