EDWARD J. TIPPINS AND JEFF DAVIS MULLINS, JR., APPELLANTS,
v.
UNITED STATES OF AMERICA, APPELLEE
EDWARD J. TIPPINS AND JEFF DAVIS MULLINS, JR., APPELLANTS,
UNITED STATES OF AMERICA, APPELLEE
392 F.2d 669
Court of Appeals for the Fifth Circuit (1968)
Negative Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:
Under F.R.Crim.P. 35, Appellants filed a motion in the Court below to have their sentences corrected to afford credit for pre-sentence jail time. Both are in custody for violations of 18 U.S.C.A. § 2314, the interstate transportation of falsely made and forged securities, Tippins for eighteen months and Mullins for five years. The District Court denied relief and we affirm.
The maximum sentence that may be imposed under 18 U.S.C.A. § 2314 is ten years. Since each of the Appellants was sentenced to less than the statutory maximum, each falls within the conclusive presumption of our recent decision in Bryans v. Blackwell, 5 Cir., 1967, 387 F. 2d 764, that they were given credit for all time spent in jail prior to sentencing. See also Putt v. United States, 5 Cir., 1968, 392 F. 2d 64 and cases cited therein.
Affirmed.
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United States & Doris Elaine Brown v. The Bd. OF Educ. OF the City OF Bessemer, 396 F.2d 44 (5th Cir. 1968)
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Montgomery Cnty. Bd. OF Educ. v. Arlam Carr, Jr., 400 F.2d 1 (5th Cir. 1968)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bryans v. Blackwell, 387 F.2d 764 (5th Cir. 1967)
- Putt v. United States, 392 F.2d 64 (5th Cir. 1968)