Ramsey v. United States, No. 24748.
| Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
| Writing for the Court | PER CURIAM |
| Citation | 463 F.2d 815 |
| Parties | Charles W. RAMSEY, Appellant, v. UNITED STATES of America et al. |
| Docket Number | No. 24748. |
| Decision Date | 27 April 1972 |
463 F.2d 815 (1972)
Charles W. RAMSEY, Appellant,
v.
UNITED STATES of America et al.
No. 24748.
United States Court of Appeals, District of Columbia Circuit.
April 27, 1972.
Mr. Edward L. Merrigan, Washington, D. C. (appointed by this court) was on the brief for appellant.
Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry, Oscar Altshuler, and Stephen W. Grafman, Asst. U. S. Attys., were on the brief for appellees.
Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.
PER CURIAM:
This is an appeal from a summary judgment entered September 10, 1970, dismissing a complaint filed by appellant pro se from Lorton Reformatory, for declaratory relief and writ of mandamus, directing that he be credited with time spent in jail from December 14, 1967 to May 31, 1968, toward service of his sentence, of two to six years, imposed on May 31, 1968, in Criminal Case No. 218-68 (narcotics).
Counsel appointed for the appeal contends now that appellant has never been credited at all for this time. While an appellate court has latitude to amplify the record for facts that are not essentially in dispute,1 in the case before us the ultimate facts, and perhaps some evidentiary facts, are vigorously disputed by the government. The place for resolution of such dispute is the District Court, on appropriate pleading and issue joined.
Appellant also contends the judgment should be reversed, even assuming that some credit was given him for the 1967-68 detention, on the ground that he was entitled to have that credit applied to the sentence in Criminal Case No. 218-68. Appellant relies on the "presentencing credit" provision of 18 U.S.C. § 3568:
The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which such person is received at the penitentiary, reformatory, or jail
for service of such sentence. The Attorney General shall give any such person credit toward service of his sentence for any days spent in custody in connection with the offense or acts for which sentence was imposed. . . .
No sentence shall prescribe any other method of computing the term.
The Government's position is that the time between December 14, 1967 and May 31, 1968, was not spent in custody "in connection with the offense or acts for which sentence was imposed" in Criminal No. 218-68, but rather was time spent in service of the sentence imposed in 1960, 2-11 years, in Criminal Case No. 1089-59, on a plea of guilty to assault with intent to commit rape. Appellant was released on parole on September 8, 1966, with...
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...Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, 563 F.2d 205, 207 (5th Cir.1977); Ramsey v. United States, 463 F.2d 815, 817 (D.C.Cir.1972); Garcia v. American Marine Corp., 432 F.2d 6, 8 (5th Cir.1970) (per curiam), we have concluded that in this case any error......
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...1962), 298 F.2d 346; Garcia v. American Marine Corp. (5th Cir. 1970), 432 F.2d 6; Ramsey v. United States (1972), 149 U.S.App.D.C. 412, 463 F.2d 815. ...
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Eguia v. Tompkins, No. 84-2451
...Alliance of Theatrical Stage Employees and Moving Picture Machine Operators, 563 F.2d 205, 207 (5th Cir.1977); Ramsey v. United States, 463 F.2d 815, 817 (D.C.Cir.1972); Garcia v. American Marine Corp., 432 F.2d 6, 8 (5th Cir.1970) (per curiam), we have concluded that in this case any error......
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...from the Act () . . . .' "), quoting Nat'l Cable Television Ass'n v. FCC, 479 F.2d 183, 186 (D.C. Cir. 1973); Ramsey v. United States, 463 F.2d 815, 817 (D.C. Cir. 1972), cert. denied, 421 U.S. 913, 95 S.Ct. 1569, 43 L.Ed.2d 778 (1975) (per curiam) (non-FOIA case) (failure to comply with af......
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...the motion, not at some later point. Catrett v. Johns-Manville Sales Corp., 826 F.2d 33, 37 (D.C.Cir.1987); Ramsey v. United States, 463 F.2d 815, 817 (D.C.Cir.1972) (per curiam) (refusal to consider affidavit not before Court when motion granted); see also Kline, 845 F.2d at 1307 ("our rev......
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