SHELTON v. UNITED STATES

No. 15990.

234 F.2d 132 (1956)

Jay Paul SHELTON, Appellant, v. UNITED STATES of America and F. T. Wilkinson, Warden, United States Penitentiary, Atlanta, Georgia, Appellees.

United States Court of Appeals Fifth Circuit.

June 5, 1956.


Attorney(s) appearing for the Case

J. Paul Shelton, in pro. per.

James W. Dorsey, U. S. Atty., Charles D. Read, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.


PER CURIAM.

In the proceedings from which this appeal comes, the appellant, by petition for declaratory judgment and for habeas corpus, sought an order requiring the warden to give him credit on his four year sentence, and thus to advance his release time. The credit sought was for approximately nine months spent in jail, from October 22, 1952, when, under Rule 38(a, 2)1 Fed.Rules Crim.Proc., he gave notice of appeal and filed an election...

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