Williamson v. Saxbe, 74-2019
| Decision Date | 04 April 1975 |
| Docket Number | No. 74-2019,74-2019 |
| Citation | 513 F.2d 1309 |
| Parties | Nolan Ray WILLIAMSON, Plaintiff-Appellant, v. William SAXBE, United States Attorney General, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Nolan Ray Williamson, Jef Feibelman, Memphis, Tenn., for plaintiff-appellant.
Thomas F. Turley, U. S. Atty., Memphis, Tenn., Larry E. Parrish, Robert M. Williams, Jr., Asst. U. S. Attys., for defendants-appellees.
Before PHILLIPS, Chief Judge, and WEICK and MILLER, Circuit Judges.
At the time when he was awaiting trial under an indictment in the Western District of Tennessee, Nolan Ray Williamson refused to obey an order of the District Court requiring him to give voice exemplars. When he persisted in his refusal, the District Court on December 27, 1972, adjudged him to be in contempt of court and ordered him incarcerated until he gave voice exemplars as ordered. This court granted a motion to dismiss the appeal from that decision in an unpublished order, No. 73-1495, dated November 13, 1973.
Prior to his incarceration for contempt of court, Williamson had been convicted and sentenced for a separate offense in the United States District Court for the Northern District of Georgia, Atlanta Division. He filed a complaint for declaratory relief, praying for a declaration that he is entitled to jail-time credit on his Georgia sentence for the time he has served in prison for contempt of court.
The District Court held he is not entitled to jail-time credit and dismissed the complaint. The present appeal is from that decision. Counsel was appointed to represent Williamson both in the District Court and in this court in this declaratory judgment proceeding. Counsel has filed an excellent brief in this court in support of Williamson's contentions.
The record shows that at the time Williamson was adjudged to be in contempt of court, he was afforded every reasonable opportunity to change his mind and to give the voice exemplars as ordered. The District Judge stated in open court in the presence of Williamson that, in order that there would be no misunderstanding, he was making it plain that Williamson would receive no credit against federal criminal sentences for the jail time accruing while he was incarcerated for contempt of court.
We follow Anglin v. Johnston, 504 F.2d 1165 (7th Cir. 1974), cert. denied, --- U.S. ---, 95 S.Ct. 1353, 43 L.Ed.2d 440 (1975), in affirming the decision of the District Court. The facts in...
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Grand Jury Investigation, In re
...by the four courts of appeals which have considered it. Martin v. United States, 517 F.2d 906 (8th Cir. 1975); Williamson v. Saxbe, 513 F.2d 1309 (6th Cir. 1975) (per curiam); United States v. Liddy, 166 U.S.App.D.C. 95, 510 F.2d 669 (1974) (en banc), cert. denied, 420 U.S. 980, 95 S.Ct. 14......
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U.S. v. North
...Jury Proceedings (Marshall), 532 F.2d 410 (5th Cir.), cert. denied, 429 U.S. 924, 97 S.Ct. 354, 50 L.Ed.2d 309 (1976); Williamson v. Saxbe, 513 F.2d 1309 (6th Cir. 1975); Anglin v. Johnston, 504 F.2d 1165 (7th Cir. 1974), cert. denied, 420 U.S. 962, 95 S.Ct. 1353, 43 L.Ed.2d 440 (1975); Mar......
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U.S. v. Mitchell, s. 76-1709
...was imposed in connection with the civil contempt and not in connection with the criminal offense of conspiracy. See Williamson v. Saxbe, 513 F.2d 1309 (6th Cir. 1975); Martin v. United States, 517 F.2d 906, 909 (8th Cir.), cert. denied, 423 U.S. 856, 96 S.Ct. 105, 46 L.Ed.2d 81 (1975); Ang......
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Liberatore, In re
...United States, 517 F.2d 906, 908 (8th Cir.), cert. denied, 423 U.S. 856, 96 S.Ct. 105, 46 L.Ed.2d 81 (1975); Williamson v. Saxbe, 513 F.2d 1309, 1310 (6th Cir. 1975) (per curiam); United States v. Liddy, 166 U.S.App.D.C. 289, 291, 510 F.2d 669, 671 (1974), cert. denied, 420 U.S. 980, 95 S.C......