Jefferson v. United States, 326

Decision Date07 February 1968
Docket NumberNo. 326,Docket 31743.,326
Citation389 F.2d 385
PartiesCharles W. JEFFERSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
CourtU.S. Court of Appeals — Second Circuit

Charles W. Jefferson, pro se.

Frederick F. Greenman, Jr., Pierre N. Leval, Asst. U. S. Attys., Robert M. Morgenthau, U. S. Atty., for respondent-appellee.

Before WATERMAN and FEINBERG, Circuit Judges, and BARTELS, District Judge.*

PER CURIAM:

Appellant seeks review of an order below denying him a 79 day credit toward service of a federal sentence later imposed upon his guilty plea to a federal narcotics law violation. During these 79 days, though appellant had been delivered to federal officers from Connecticut incarceration pursuant to a writ of habeas corpus ad prosequendum awaiting disposition of the federal charge, appellant was continuing to serve his Connecticut-State imposed sentence and that state allowed him credit for those days toward service of the state sentence.

We find no merit in the appeal and affirm the order of the district judge.

* Of the Eastern District of New York, sitting by designation.

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9 cases
  • Simms v. State
    • United States
    • Indiana Appellate Court
    • 11 Junio 1981
    ...concluded at 813: "To allow credit for any of this time would result in appellant receiving double credit for this period. Jefferson v. United States, 389 F.2d 385 ((2d Cir.,) 1968). See Howard v. United States, 420 F.2d 478 ((5th Cir.,) 1970) and Rodriguez v. United States, 405 F.2d 857 ((......
  • United States v. Love, CR-80-0132 SAW
    • United States
    • U.S. District Court — Northern District of California
    • 9 Febrero 1983
    ...Gen., 457 F.2d 812 (8th Cir.1972); Vignera v. Attorney Gen. of the United States, 455 F.2d 637 (5th Cir.1972); Jefferson v. United States, 389 F.2d 385 (2d Cir.1968). IT IS HEREBY ORDERED that defendant's motion for leave to proceed in forma pauperis is granted. IT IS FURTHER HEREBY ORDERED......
  • Sherbicki v. United States, 73 Civ. 3852-LFM.
    • United States
    • U.S. District Court — Southern District of New York
    • 26 Noviembre 1973
    ...our Court of Appeals condemned as "absurd" in Siegel v. United States, 436 F. 2d 92, 95 (2d Cir. 1970). See also Jefferson v. United States, 389 F.2d 385 (2d Cir. 1968). We hold, therefore, that petitioner is not entitled to credit against his federal sentence for time spent in state custod......
  • United States v. United States Attorney Gen., 71-1445.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • 3 Abril 1972
    ...sentence. To allow credit for any of this time would result in appellant receiving double credit for this period. Jefferson v. United States, 389 F.2d 385 (CA2 1968). See Howard v. United States, 420 F.2d 478 (CA5 1970) and Rodriguez v. United States, 405 F.2d 857 (CA5 1969). Congress, in a......
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