United States v. Gaines, 414
| Decision Date | 07 January 1971 |
| Docket Number | Docket 35361.,No. 414,414 |
| Citation | 436 F.2d 1069 |
| Parties | UNITED STATES of America, Appellee, v. Bernard GAINES, Petitioner-Appellant. |
| Court | U.S. Court of Appeals — Second Circuit |
Robert P. Walton, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, and Daniel J. Sullivan, Asst. U. S. Atty., on the brief), for appellee.
Ann Wagner, New York City (Michael Meltsner and Jack Greenberg, New York City, on the brief), for appellant.
Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.
We affirm in open court the order of Judge Murphy in the Southern District of New York which denied Gaines' motion pursuant to 28 U.S.C. § 2255 to receive credit against his federal sentence for time spent in pretrial state custody after he was sentenced by Judge Murphy to two years imprisonment on June 20, 1968 following his plea of guilty to illegally possessing and dispensing a narcotic drug.
On January 9, 1968, Gaines was arrested by New York State authorities and charged with robbery and murder. He was held without bail until April 8, 1968, and released when a grand jury failed to indict him. On May 16, 1968, Gaines pleaded guilty to the federal charge. The state authorities rearrested him on June 1, 1968 on the same robbery and murder charge. There he remained until release on April 1, 1970, except when he was produced for sentencing in the Southern District on a writ of habeas corpus ad prosequendum. The state authorities arrested other persons believed to be responsible for the murder and robbery, and all state charges against Gaines were dropped on May 1, 1970. Upon being released by the state authorities, Gaines immediately commenced service of his federal sentence.
Gaines contends that the time spent in state custody should be credited to his federal sentence. If this contention were well-founded, he would be entitled to immediate release. We are sympathetic to Gaines' plight, but we see no legal basis to justify relief.1 After sentencing, petitioner was returned to state authorities pursuant to the terms of the writ. Thus, the state detention facility plainly was never designated as the place for Gaines to commence serving his sentence. The relevant statute, 18 U.S.C. § 3568, provides only that the ...
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Pugh v. Rainwater, 72-1223
...the Equal Protection Clause, he was entitled to credit against his federal sentence for time spent in state jail. United States v. Gaines, 436 F.2d 1069 (2d Cir. 1971). The Supreme Court vacated and remanded for reconsideration in light of the Solicitor General's suggestion that Williams an......
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Godbold v. District Court In and For Twenty-First Judicial Dist.
...set. The federal district court denied credit and that decision was affirmed by the Second Circuit Court of Appeals. United States v. Gaines, 436 F.2d 1069 (2d Cir. 1971). The United States Supreme Court granted certiorari, vacated the judgment, and remanded the case "for reconsideration in......
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U.S. v. Grimes
...guilty pleas, allegedly induced by promises from the United States Attorney, had been made voluntarily).6 The case of United States v. Gaines, 436 F.2d 1069 (2d Cir. 1971) vacated and remanded, 402 U.S. 1006, 91 S.Ct. 2195, 29 L.Ed.2d 428, on remand, 449 F.2d 143 (2d Cir. 1971), on which Al......
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Pinaud v. James, 972
...on unrelated offenses, even where that custody resulted from the state's having set impermissibly high bail. See United States v. Gaines, 436 F.2d 1069, 1070 (2d Cir.1971); In re Nelson, 434 F.2d 748 (8th Cir.1970). On application of Gaines and Nelson to the Supreme Court for a writ of cert......