405 F.2d 722 (5th Cir. 1969), 25746, United States v. McCullough

Docket Nº25746, 25744, 25861, 25886.
Citation405 F.2d 722
Party NameUNITED STATES of America, Appellant, v. Samuel E. McCULLOUGH, Appellee. UNITES STATES of America, Appellant, v. Bland Mann WATERS, Appellee. Olin G. BLACKWELL, Warden, United States Penitentiary, Atlanta, Georgia, Appellant, v. Richard Reed CRISWELL, Appellee. Olin G. BLACKWELL, Warden, United State Penitentiary, Atlanta, Georgia, Appellant, v. Ruf
Case DateJanuary 03, 1969
CourtUnited States Courts of Appeals, Court of Appeals for the Fifth Circuit

Page 722

405 F.2d 722 (5th Cir. 1969)

UNITED STATES of America, Appellant,

v.

Samuel E. McCULLOUGH, Appellee.

UNITES STATES of America, Appellant,

v.

Bland Mann WATERS, Appellee.

Olin G. BLACKWELL, Warden, United States Penitentiary, Atlanta, Georgia, Appellant,

v.

Richard Reed CRISWELL, Appellee.

Olin G. BLACKWELL, Warden, United State Penitentiary, Atlanta, Georgia, Appellant,

v.

Rufus Killis SELLERS, Jr., Appellee.

Nos. 25746, 25744, 25861, 25886.

United States Court of Appeals, Fifth Circuit.

January 3, 1969

Page 723

Theodore E. Smith, Asst. U.S. Atty., Atlanta, Ga., Charles L. Goodson, U.S. Atty., for appellants.

James A. Branch, III, Atlanta, Ga., for appellee, McCullough.

Bland Mann Waters, pro se.

Richard Reed Criswell, pro se.

Rufus Killis Sellers, Jr., pro se.

Before BELL and COLEMAN, Circuit Judges, and HOOPER, District Judge.

BELL, Circuit Judge:

These four appeals were consolidated in order to consider one narrow question: whether several maximum sentences running concurrently are to be treated as a maximum sentence for purposes of crediting a prisoner with time spent in jail prior to sentencing under 18 U.S.C.A. § 3568 as interpreted in Bryans v. Blackwell, 5 Cir., 1967, 387 F.2d 764. The District Court answered in the affirmative. Sellers v. United States, 283 F.Supp. 891 (N.D.Ga., 1967). We agree.

Sellers was arrested and charged with a post office burglary September 21, 1961, and because of his inability to raise bail, was held in jail until the imposition of his sentences 107 days later. He was convicted on several counts and received two consecutive five-year sentences; two more consecutive fiver-year sentences which were to run concurrently with the first two sentences; and eight more five-year sentences which were to run concurrently with the first five years. The maximum sentence which could be imposed on any one count was five years.

Waters was arrested on March 28 1964, and charged with several counts of forgery, counterfeiting, altering and publishing a United States postal money order. He too was unable to raise bail and was confined for 152 days prior to the imposition of his sentences. He was convicted on three counts and received three five-year sentences which were to run concurrently. Five years was the maximum sentence which might have been imposed on...

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4 practice notes
  • 321 F.Supp. 595 (E.D.La. 1971), Misc. 1150, Clark v. United States
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Court (Eastern District of Louisiana)
    • February 2, 1971
    ...Howard v. Blackwell, 389 F.2d 84 (5th Cir. 1967); United States v. Abele, 269 F.Supp. 29 (E.D.La.1967); Cf. United States v. McCullough, 405 F.2d 722 (5th Cir. The Court in Hyler v. Alexander, supra, 423 F.2d at 1215-1216 cites with approval the maxim of Bryans: '* * * in Bryans v. Blackwel......
  • 423 F.2d 1215 (5th Cir. 1970), 28793, Hyler v. Alexander
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • March 23, 1970
    ...for violation of 18 U.S.C. § 495. Cf. Benson v. United States, 5th Cir. 1968, 405 F.2d 467; United States v. McCullough, 5th Cir. 1969, 405 F.2d 722. The judgment of the district court is correct and it is hereby affirmed. Affirmed. Notes: [1] It is appropriate to dispose of this pro se cas......
  • 409 F.2d 5 (5th Cir. 1969), 24287, Bostick v. United States
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • March 24, 1969
    ...of Bryans v. Blackwell, 5 Cir. 1967, 387 F.2d 764. See the recent decision of this Court in United States v. McCullough, 5 Cir. 1969, 405 F.2d 722. Accord: Lee v. United States, 9 Cir. 1968, 400 F.2d 185. In the case now before the Court, therefore, the good time credit should be computed a......
  • 304 F.Supp. 844 (N.D.Ga. 1969), Civ. A. 12519, Hackworth v. Blackwell
    • United States
    • Federal Cases United States District Courts 11th Circuit United States District Courts. 11th Circuit. Northern District of Georgia
    • March 6, 1969
    ...be granted under the rationale of Sellers v. United States, D.C., 283 F.Supp. 891 (1967), aff'd., sub nom. United States v. McCullough, 405 F.2d 722 (5th Cir., January 3, 1969). However, since the third Texas sentence was less than the ten-year maximum provided by statute, and the Louisiana......
4 cases
  • 321 F.Supp. 595 (E.D.La. 1971), Misc. 1150, Clark v. United States
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Court (Eastern District of Louisiana)
    • February 2, 1971
    ...Howard v. Blackwell, 389 F.2d 84 (5th Cir. 1967); United States v. Abele, 269 F.Supp. 29 (E.D.La.1967); Cf. United States v. McCullough, 405 F.2d 722 (5th Cir. The Court in Hyler v. Alexander, supra, 423 F.2d at 1215-1216 cites with approval the maxim of Bryans: '* * * in Bryans v. Blackwel......
  • 423 F.2d 1215 (5th Cir. 1970), 28793, Hyler v. Alexander
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • March 23, 1970
    ...for violation of 18 U.S.C. § 495. Cf. Benson v. United States, 5th Cir. 1968, 405 F.2d 467; United States v. McCullough, 5th Cir. 1969, 405 F.2d 722. The judgment of the district court is correct and it is hereby affirmed. Affirmed. Notes: [1] It is appropriate to dispose of this pro se cas......
  • 409 F.2d 5 (5th Cir. 1969), 24287, Bostick v. United States
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • March 24, 1969
    ...of Bryans v. Blackwell, 5 Cir. 1967, 387 F.2d 764. See the recent decision of this Court in United States v. McCullough, 5 Cir. 1969, 405 F.2d 722. Accord: Lee v. United States, 9 Cir. 1968, 400 F.2d 185. In the case now before the Court, therefore, the good time credit should be computed a......
  • 304 F.Supp. 844 (N.D.Ga. 1969), Civ. A. 12519, Hackworth v. Blackwell
    • United States
    • Federal Cases United States District Courts 11th Circuit United States District Courts. 11th Circuit. Northern District of Georgia
    • March 6, 1969
    ...be granted under the rationale of Sellers v. United States, D.C., 283 F.Supp. 891 (1967), aff'd., sub nom. United States v. McCullough, 405 F.2d 722 (5th Cir., January 3, 1969). However, since the third Texas sentence was less than the ten-year maximum provided by statute, and the Louisiana......